Frisoli & Anor v Kourea & Ors; Frisoli & Anor v Kourea & Ors (No. 2) [2014] NSWSC 84

Frisoli & Anor v Kourea & Ors; Frisoli & Anor v Kourea & Ors (No. 2) [2014] NSWSC 84

Natasha, having been found to be the de facto spouse of the deceased for over two years, is entitled to 50% of the estate and notional estate; Holden and Atlanta each receive 25%. Certain expenses, including litigation and non-litigation expenses specifically allowed by the Court, are to be deducted from the sale proceeds of the Rozelle property before apportionment. Natasha remains trustee but is required to sell the Rozelle property following prescribed procedures and timelines. Orders are made for the reimbursement of agreed expenses, partial interest, and treatment of chattels. Final apportionment of certain costs is deferred pending further material for a gross sum costs determination.

Parties
First Plaintiff: Holden Francis Frisoli; Second Plaintiff: Atlanta Lucia Carnell Frisoli; First Defendant / Cross Claimant: Natasha Anastasia Kourea; Second Defendant: Tashnat Pty Limited
Jurisdiction
Australia
Judgment Date
24 February 2014
Procedural Posture
Family Provision Proceedings, Trust Proceedings, Administration Proceedings / Post Hearing, Final Orders on Costs and Ancillary Relief Following a Principal Judgment
Outcome
Final orders made as per paragraph [91], with most disputes resolved and orders set for sale and distribution of estate/trust assets, specific deductions and reimbursements, deferral of lump sum costs determination.
Legal Topics
Family Provision, Intestacy, Apportionment of Estate, De Facto Relationships, Trust Administration, Costs, Notional Estate, Superannuation, Ancillary Relief
Succession Law Equity Trusts Family Provision Intestacy Apportionment of Estate De Facto Relationships Trust Administration +4 more

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Parties

Holden Francis Frisoli

First Plaintiff

Atlanta Lucia Carnell Frisoli

Second Plaintiff

Natasha Anastasia Kourea

First Defendant / Cross Claimant

Tashnat Pty Limited

Second Defendant

Procedural Posture

Family Provision Proceedings, Trust Proceedings, Administration Proceedings / Post Hearing, Final Orders on Costs and Ancillary Relief Following a Principal Judgment

Legal Issues

  1. 1 Whether certain expenses may be deducted before apportioning the estate and notional estate
  2. 2 Whether cross-claimant should be replaced as trustee
  3. 3 Whether orders should be made for sale of the principal item of notional estate (residential property)

Ratio Decidendi

Natasha, having been found to be the de facto spouse of the deceased for over two years, is entitled to 50% of the estate and notional estate; Holden and Atlanta each receive 25%. Certain expenses, including litigation and non-litigation expenses specifically allowed by the Court, are to be deducted from the sale proceeds of the Rozelle property before apportionment. Natasha remains trustee but is required to sell the Rozelle property following prescribed procedures and timelines. Orders are made for the reimbursement of agreed expenses, partial interest, and treatment of chattels. Final apportionment of certain costs is deferred pending further material for a gross sum costs determination.

Court Disposition

Final orders made as per paragraph [91], with most disputes resolved and orders set for sale and distribution of estate/trust assets, specific deductions and reimbursements, deferral of lump sum costs determination.

Orders

  • Time for bringing Natasha's family provision claim extended to 23 August 2011.
  • Goodsir Trust and Earth Loop Superannuation Fund designated as notional estate.