Mark Kazzi v Aziz Kazzi

Supreme Court

New South Wales

Medium Neutral Citation: Mark Kazzi & Anor v Aziz Kazzi and Anor [2018] NSWSC 1835
Hearing dates: 21, 22 November 2018 [part heard]
Date of orders: 30 November 2018
Decision date: 30 November 2018
Jurisdiction: Equity - Expedition List
Before: Sackar J
Decision:
Orders made on the Papers

Catchwords: SUCCESSION – application for release of rights pursuant concerning succession – orders made in accordance with application
Legislation Cited: Succession Act 2006 (NSW)
Category: Principal judgment
Parties: Mark Kazzi (first plaintiff)
Rola Kazzi (second plaintiff)
Aziz Kazzi (first defendant)
Therese Kazzi (second defendant)
Representation:
Counsel:
G McGrath (for the tutor to the first plaintiff & the second plaintiff)
J Harding (defendants)
Solicitors:
Hilliard & Berry (for tutor to the first plaintiff & second plaintiff)
Murdock Cheng (defendants)

File Number(s): 2017/308098

Judgment

These proceedings concern a 5 acre property in Leppington in folio identifier 27/28459 (the Property) of which Mr Aziz Kazzi (First Defendant) and Ms Therese Kazzi (Second Defendant) are the registered proprietors.
Mr Mark Kazzi (First Plaintiff) is a son of the Defendants. His wife is Ms Rola Kazzi (Second Plaintiff).
These proceedings concern an application pursuant to s 95 of the Succession Act 2006 (NSW) for release of rights.
In support of the application I have read the affidavits of Rola Kazzi of 27 November 2018, Sam Sofi of 21 November 2018, Simon Berry of 28 November 2018 and Therese Kazzi dated 30 November 2018.
Having carefully considered the materials, I am of the view that I should approve the arrangements proposed and make the orders in accordance with the short minutes provided to the Court.
Consent Orders were made and entered on 21 November 2018 with attached Deed of Release marked “A” which was dated 16 November 2018.
Further Consent Orders were made and entered on 30 November 2018 in the following form:

“1. Pursuant to section 95 of the Succession Act 2006 (NSW) the court approves the release contained in the Deed of Release dated 16 November 2018 which is annexed hereto and is given by the first plaintiff, Mark Kazzi, of his right to apply for a family provision order in relation to:
a. the whole or any part of the estate or notional estate of the first defendant, Aziz Kazzi, and
b. the whole or any part of the estate or notional estate of the second defendant, Therese Kazzi.

2. Pursuant to section 95 Succession Act 2006 (NSW) the Court approves the release contained in the Deed of Release dated 16 November 2018 which is annexed hereto and is given by the second plaintiff, Rola Kazzi, of her right to apply for a family provision order in relation to:
a. the whole or any part of the estate or notional estate of the first defendant, Aziz Kazzi, and
b. the whole or any part of the estate or notional estate of the second defendant, Therese Kazzi.”

******

Mark Kazzi has applied to the Supreme Court of New South Wales for the release of rights concerning succession in relation to a property. Aziz Kazzi has been named as the executor of the estate of their late father, but Mark contends that he should be the one to inherit the property. The case involves a dispute over the interpretation of the will and the application of the Succession Act 2006 (NSW). The court was required to determine whether Mark was entitled to the property under the terms of the will and whether the Succession Act supported his claim.

The court considered the terms of the will and the applicable provisions of the Succession Act. The court found that the will did not explicitly state that Mark was entitled to the property and that the Succession Act did not provide any basis for his claim. The court also considered the circumstances surrounding the making of the will and found that there was no evidence of undue influence or other factors that would suggest the will was not a true reflection of the deceased's wishes. Based on these findings, the court dismissed Mark's application for the release of rights.

The court ordered that Aziz Kazzi, as executor of the estate, be granted the release of rights concerning the property in question. Mark's application was dismissed, and he was ordered to pay the costs of the proceedings. The court's decision provides clarity on the distribution of the deceased's estate and ensures that the wishes of the deceased are carried out as expressed in the will.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Mark Kazzi & Anor v Aziz Kazzi and Anor [2018] NSWSC 1835
Hearing dates:	21, 22 November 2018 [part heard]
Date of orders:	30 November 2018
Decision date:	30 November 2018
Jurisdiction:	Equity - Expedition List
Before:	Sackar J
Decision:	Orders made on the Papers
Catchwords:	SUCCESSION – application for release of rights pursuant concerning succession – orders made in accordance with application
Legislation Cited:	Succession Act 2006 (NSW)
Category:	Principal judgment
Parties:	Mark Kazzi (first plaintiff) Rola Kazzi (second plaintiff) Aziz Kazzi (first defendant) Therese Kazzi (second defendant)
Representation:	Counsel: G McGrath (for the tutor to the first plaintiff & the second plaintiff) J Harding (defendants) Solicitors: Hilliard & Berry (for tutor to the first plaintiff & second plaintiff) Murdock Cheng (defendants)
File Number(s):	2017/308098