Supreme Court
New South Wales
Medium Neutral Citation: Videnovic v Todorovic [2023] NSWSC 242 Hearing dates: 9 February 2023 Date of orders: 22 March 2023 Decision date: 22 March 2023 Jurisdiction: Equity Before: Hallen J Decision: The Court:
(1) Orders, pursuant to s 93(2) of the Probate and Administration Act 1898 (NSW), that the Defendant is barred from making any claim on his own, or on behalf of others who are not resident in NSW, for whom he is said to be an Attorney, against the Plaintiff as the administrator of the estate of Masinka Todorovic, who died on 4 April 2019.
(2) Orders that the Defendant pay the Plaintiff’s costs of the proceedings.
(3) Orders that to the extent that there is any difference between the costs ordered to be paid by the Defendant, the costs recovered from him, and the Plaintiff’s costs calculated on the indemnity basis, those costs be paid out of the estate of the deceased.
Catchwords: CIVIL PROCEDURE — Hearing - Defendant litigant in person – Adjournment - Defendant applies for adjournment at the commencement of the hearing – Application opposed – Applicable principles – Procedural history relevant as is repeated suggestions to the Defendant, at various directions hearings that he should be legally represented – Whether to grant the application — Interests of justice – Application for adjournment refused
SUCCESSION – EXECUTORS AND ADMINISTRATORS – notice barring claims under s 93, following service of notice under s 92 of the Wills Probate and Administration Act 1898 – Applicable principles
Legislation Cited: Births, Deaths and Marriages Registration Act 1955 (NSW) s 49(2)
Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 59, 60, 66
NSW Trustee and Guardian Act 2009 (NSW)
Probate and Administration Act 1898 (NSW) ss 92, 93
Uniform Civil Procedure Rules 2005 (NSW) Pt 35 reg 35.2
Cases Cited: Al Dakhili v Al Kheurallah [2023] NSWSC 47
Alesco Corporation Limited v Te Maari [2015] NSWSC 469
Aon Risk Services Australia Pty v Australian National University (2009) 239 CLR 175; [2009] HCA 27
City of Sydney Council v Satara [2007] NSWCA 148
Duraisamy v Sydney Trains [2019] NSWCA 269
Duraisamy v Sydney Trains [2020] HCASL 8
English v Stewart [2022] NSWSC 268
Knorr v CSIRO (No 3) [2012] VSC 529
Ludwig v The Public Trustee [2006] NSWSC 890
McGrath v Troy as administratrix of the estate of the Late Warren Terence Wade [2010] NSWSC 1470
Robertson & Anor v Byrne & Ors [2022] NSWSC 1713
Rowe v Stoltze (2013) 45 WAR 116; [2013] WASCA 92
Ryan v Shackel (1925) 26 SR (NSW) 17
Sali v SPC Ltd (1993) 116 ALR 625; [1993] HCA 47
Sheridyn Ashwood v Terence John Ashwood [2023] NSWSC 208
State Pollution Control Commission v Australian Iron and Steel Pty Ltd (No. 2) (1992) 29 NSWLR 487
UBS AG v Tyne (as trustee of the Argot Trust) (2018) 265 CLR 77; [2018] HCA 45
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- AGLC
- Videnovic v Todorovic [2023] NSWSC 242
- Case
- [2023] NSWSC 242
- Decision Date
CaseChat Overview and Summary
The court examined the principles guiding adjournment applications, particularly in cases where a party is unrepresented. It noted the procedural history, which included multiple instances where the defendant was advised to secure legal representation. The court weighed the defendant’s right to a fair hearing against the interests of justice, including the need to avoid unnecessary delay and the importance of the plaintiff’s right to have their claims determined in a timely manner. Ultimately, the court found that granting the adjournment would not serve the interests of justice and refused the application. The court emphasised the importance of the defendant’s need to proceed with legal representation, highlighting that repeated adjournments would likely lead to further delays and prejudice to the plaintiff.
In conclusion, the court denied the defendant’s application for an adjournment and proceeded with the hearing. The final orders of the court were not explicitly detailed in the extract, but the refusal of the adjournment allowed the case to progress, with the court likely to address the substantive issues concerning the estate administration.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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