Zappia v Parelli & Anor;Ligon 116 Pty Limited & Parelli v Ligon 116 Pty Limited;Zappia & anor v Parelli & anor [2007] NSWSC 972

Zappia v Parelli & Anor;Ligon 116 Pty Limited & Parelli v Ligon 116 Pty Limited;Zappia & anor v Parelli & anor [2007] NSWSC 972

Mrs Zappia, the widow, is entitled to an order for provision of $100,000 from the estate, as she was left without adequate provision. The son, John Zappia, is not entitled to provision given both the lack of funds in the estate and lack of closer relationship. The executors are entitled to orders for registration of shares and units in the company's name. Costs orders are made with a cap, in recognition of excessive and disproportionate costs relative to the estate's value.

Parties
Plaintiff (5297/06), Second Defendant (6259/06): Shen Jie Zappia; Plaintiff (2147/07): John Zappia; First Defendant (2147/07 and 5297/06), First Plaintiff (5259/06): Jason Parelli; Second Plaintiff (5259/06), Second Defendant (2147/07): Peter James Kernan; Third Defendant (6259/06): Jian Ma; First Plaintiff (6259/06), First Defendant (6259/06): Ligon 116 Pty Limited
Jurisdiction
Australia
Judgment Date
31 August 2007
Procedural Posture
Family Provision Claim, Corporations Proceeding, Family Law Property Adjustment / Judgment After Trial
Outcome
Order for widow for $100,000 and assessed (capped) costs, son's claim dismissed, order for registration of shares and units in executors' names, orders on costs capping and assessment.
Legal Topics
Family Provision and Maintenance, Costs, Corporate Share Registration, Testamentary Capacity
Succession Law Equity Corporations Law Family Provision Family Provision and Maintenance Costs Corporate Share Registration Testamentary Capacity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 17
Sign in to unlock

Parties

Shen Jie Zappia

Plaintiff (5297/06), Second Defendant (6259/06)

John Zappia

Plaintiff (2147/07)

Jason Parelli

First Defendant (2147/07 and 5297/06), First Plaintiff (5259/06)

Peter James Kernan

Second Plaintiff (5259/06), Second Defendant (2147/07)

Jian Ma

Third Defendant (6259/06)

Ligon 116 Pty Limited

First Plaintiff (6259/06), First Defendant (6259/06)

Procedural Posture

Family Provision Claim, Corporations Proceeding, Family Law Property Adjustment / Judgment After Trial

Legal Issues

  1. 1 Whether further provision should be made from the estate for the widow under the Family Provision Act 1983 (NSW)
  2. 2 Whether the son is entitled to provision from the estate
  3. 3 Whether shares and units of the deceased in the company and unit trust should be registered in the name of the executors

Ratio Decidendi

Mrs Zappia, the widow, is entitled to an order for provision of $100,000 from the estate, as she was left without adequate provision. The son, John Zappia, is not entitled to provision given both the lack of funds in the estate and lack of closer relationship. The executors are entitled to orders for registration of shares and units in the company's name. Costs orders are made with a cap, in recognition of excessive and disproportionate costs relative to the estate's value.

Court Disposition

Order for widow for $100,000 and assessed (capped) costs, son's claim dismissed, order for registration of shares and units in executors' names, orders on costs capping and assessment.

Orders

  • Order for Mrs Zappia to receive $100,000 from the estate.
  • Order for plaintiff's (Mrs Zappia's) assessed costs (up to $100,000) from the estate.