Sofianidis v Hill [2025] NSWSC 37

Sofianidis v Hill [2025] NSWSC 37

Given the defendant's persistent refusal to engage with proceedings, follow orders, or vacate estate property, and in light of the less disruptive nature of an arrest warrant in comparison to immediate execution of a writ for possession, the Court will adjourn and order attendance, with clear warning that failure will result in an arrest warrant being issued to compel attendance before further relief is granted.

Parties
Plaintiff: Robyn Mary Sofianidis; Defendant: Lisa Araluen Hill; Cross Claimant: Tamara Jayne Goodwin as independent administrator for the Estate of the Late Helen Brien Clare Hill
Jurisdiction
Australia
Judgment Date
07 February 2025
Procedural Posture
Succession/probate/civil / Procedural; Orders Regarding Attendance, Warning Before Coercive Measures
Outcome
Orders made for attendance and further hearing; warning of arrest warrant for non-attendance; no final judgment for possession yet; procedural orders only.
Legal Topics
Administration of Estates, Executors and Administrators, Judicial Advice, Possession Proceedings, Court Orders—attendance and Enforcement
Succession Equity Civil Procedure Administration of Estates Executors and Administrators Judicial Advice Possession Proceedings Court Orders—attendance and Enforcement

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Parties

Robyn Mary Sofianidis

Plaintiff

Lisa Araluen Hill

Defendant

Tamara Jayne Goodwin as independent administrator for the Estate of the Late Helen Brien Clare Hill

Cross Claimant

Procedural Posture

Succession/probate/civil / Procedural; Orders Regarding Attendance, Warning Before Coercive Measures

Legal Issues

  1. 1 Whether the Court should authorise judgment for possession of estate property occupied by the defendant or issue a warrant for the defendant's arrest to secure attendance and engagement with proceedings.

Ratio Decidendi

Given the defendant's persistent refusal to engage with proceedings, follow orders, or vacate estate property, and in light of the less disruptive nature of an arrest warrant in comparison to immediate execution of a writ for possession, the Court will adjourn and order attendance, with clear warning that failure will result in an arrest warrant being issued to compel attendance before further relief is granted.

Court Disposition

Orders made for attendance and further hearing; warning of arrest warrant for non-attendance; no final judgment for possession yet; procedural orders only.

Orders

  • Adjourn proceedings for hearing on 21 February 2025 at 2.00pm in the Probate Motions List.
  • Cross-claimant to serve the defendant a copy of the judgment and orders by email and by leaving copies at the Cremorne property.