Comninos v Buckley; The Estate of Comninos [2019] NSWSC 968

Comninos v Buckley; The Estate of Comninos [2019] NSWSC 968

The Plaintiff failed to establish any triable issue of eligibility or factors warranting the application for a family provision order; any dependency was not significant or recent, and there was no basis shown to justify provision from the estate or extension of time. The proceedings were therefore dismissed as being frivolous and an abuse of process under UCPR r 13.4.

Parties
Plaintiff: Pascall Comninos; Defendant: Denise Buckley
Jurisdiction
Australia
Judgment Date
01 August 2019
Procedural Posture
Family Provision / Summary Dismissal Application (notice of Motion) Determined, Resulting in Dismissal of Proceedings
Outcome
Plaintiff's proceedings dismissed with costs; Defendant to be joined as party; costs orders made against Plaintiff and estate as specified
Legal Topics
Family Provision, Summary Dismissal, Abuse of Process, Eligible Person, Extension of Time, Costs
Succession Law Civil Procedure Equity Family Provision Summary Dismissal Abuse of Process Eligible Person Extension of Time +1 more

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Parties

Pascall Comninos

Plaintiff

Denise Buckley

Defendant

Procedural Posture

Family Provision / Summary Dismissal Application (notice of Motion) Determined, Resulting in Dismissal of Proceedings

Legal Issues

  1. 1 Whether the Plaintiff is an eligible person under s 57 Succession Act 2006 (NSW)
  2. 2 Whether there are factors warranting the making of the application (s 59(1)(b))
  3. 3 Whether sufficient cause is shown to extend time for bringing an application (s 58)

Ratio Decidendi

The Plaintiff failed to establish any triable issue of eligibility or factors warranting the application for a family provision order; any dependency was not significant or recent, and there was no basis shown to justify provision from the estate or extension of time. The proceedings were therefore dismissed as being frivolous and an abuse of process under UCPR r 13.4.

Court Disposition

Plaintiff's proceedings dismissed with costs; Defendant to be joined as party; costs orders made against Plaintiff and estate as specified

Orders

  • Denise Buckley be joined as a party/Defendant to the proceedings.
  • Rules requiring the Plaintiff to file an amended Summons be dispensed with.