Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27:

1. BELL CJ: I agree with the reasons of Mitchelmore JA and the order her Honour proposes.

2. MITCHELMORE JA: This appeal concerns an order for family provision that the primary judge, Richmond J, made pursuant to the Succession Act 2006 (NSW) in favour of the respondent, Natalie Angius, from the estate of her grandfather, Giovanni (John) Angius. The appellant, Jenny Angius, is John's daughter, Natalie's aunt, and the executor and sole beneficiary of John's last will. Without intending any disrespect, I will refer to the members of the Angius family who are involved in these proceedings by their first names.

3. Natalie was not named as a beneficiary under John's last will. However, the primary judge was satisfied that an order for provision should be made, having found that Natalie was an eligible person, there were factors warranting her making an application, and adequate provision for Natalie's proper maintenance, education or advancement in life had not been made in John's last will.

4. At the time of the hearing, John's estate had an agreed net value of $29,588,261. The primary judge made an order for provision for Natalie in the amount of $2,550,000. His Honour also made an order for provision in favour of Thi Quy Le (Ms Le), who brought separate proceedings which were heard and determined at the same time (and from which there was no appeal).

5. By her grounds of appeal, Jenny challenges his Honour's finding that Natalie was an eligible person (ground 1) and that there were factors warranting the making of provision (ground 2). Jenny also challenges the amount of the provision that his Honour awarded to Natalie (ground 3). For the reasons set out below, I would dismiss the appeal.

Background to the proceedings

6. The general background to the proceedings was summarised in the reasons of the primary judge. John was born in Italy in October 1936. He married Laura in 1957, and in 1958 they emigrated to Australia. They had two children together, Jenny and Robert. Robert has six children, four (including Natalie) with his first wife, Silvana Salvatore, and two with his current partner, Jacqueline Varela: at [16]. Jenny has two children, one of whom, Gabrielle, gave evidence in the court below: at [16].

7. From some time in the 1990s, John and Laura resided in a house that they owned in Denning Street, South Coogee (the Coogee Property): at [17]. It appears that John and Laura also jointly owned premises in Alfreda Street, Coogee, from which a pool hall business was operated: at [23]. John and Laura also owned commercial premises in Waterloo, from which John operated a smash repair business until 2008: at [18]. Between 2008 and 2010, that land, together with an adjoining lot that John owned and an adjoining lot owned by a third party, was redeveloped into retail/commercial premises and residential apartments: at [20]. Upon completion of the redevelopment John and Laura became the registered proprietors of a number of the retail/commercial premises and residential units: at [32].

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196fa3368ea194954d9257e5)

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