Charalambous v Charalambous [2026] NSWSC 1276 (16 October 2026) Pike J

“By that summons, the plaintiff, Kyriacos Charalambous (Kyriacos) seeks declaratory relief as to his ownership in two properties located in Randwick: 18 X Street (No 18) and 20 X Street (No 20). Relatedly, he also seeks orders pursuant to s 66G of the Conveyancing Act 1919 (NSW) for the appointment of trustees for sale of No 18 and No 20,” Pike J said [2].

In [4] “The first defendant, Alkiviades Charalambous (Alki) filed a cross-claim alleging that Kyriacos holds his 50% interest in No 18 on trust for Alki who already owns 50% of No 18 (having received that interest from his mother when she died). Alki is the youngest son of Kyriacos. Alki relies on a proprietary estoppel by encouragement or alternatively a proprietary estoppel by acquiescence,” his Honour said.

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Mangala v Phabmixay [2026] NSWSC 1275 (16 October 2026) Pike J

Plaintiff executor v sister and brother-in-law registered proprietors of Green Valley realty, the estate asserting whole interest on constructive trust by proprietary estoppel by acquiescence, alternatively half “under the joint endeavour constructive trust doctrine”, the latter successful.

Pike J: “I proceed on the basis that contemporaneous records (to the extent they exist) are likely to provide the most reliable evidence of what occurred or, at the very least, provide a generally reliable reference point from which to assess the reliability of witness testimony: see ET-China.com International Holdings Limited v Cheung (2021) 150 ACSR 461; [2021] NSWCA 21 at [25]- [30] per Bell P (Bathurst CJ and Leeming JA agreeing). The inherent probabilities in the circumstances are also a strong guide,” [13].

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Reissis v Xafellis [2026] NSWSC 1262 (14 October 2026) Hammerschlag CJ in Eq

On cross claim, finding realty held on resulting trust for executors, thus without the estate in a family provision claim for a 25yo daughter of a 51yo testatrix whose will left superannuation $23,196 to the plaintiff and her 30yo sister, the residue, principally a Padstow apartment sold for about $900,000, funds in Court, to the executor grandparents.

“The Plaintiff is in straitened circumstances. She has a history of substance abuse and mental ill-health. She has three children, each one with a different partner. Her youngest child, a son, was born on 22 June this year. She is no longer in a relationship with that son’s father, who at one point was the subject of an apprehended domestic violence order. This is not the full extent of her travails,” Hammerschlag CJ in Eq said [3].

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The Estate of Wade [2026] NSWSC 1225 (6 October 2026) Meek J

Meek J, from [1] “Fictional and true accounts of loving care, and in particular care for the elderly, are powerful, nay vital, because they help us to reflect on what it means to be humane, and inspire us to compassionate action.

“Fiction may distil or accentuate aspects of care in ways not readily discernible from real life. Thus, famed American author, Jessamyn West, penned that “Fiction reveals truth that reality obscures”.

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Sultana v Sultana & Anor [2026] NSWSC 1224 (2 October 2026) Lindsay J

After September urgency commencement, interlocutory hearing over 5 days in September. Mother’s and father’s estates of more than $100m. One of the four children beneficiaries wanting probate revoked, and his two sisters removed as executors.

In [11], “At Anthony’s death, his estate was thought to consist of properties and cash worth $5,312,268. But additional assets of some $83,426,463.93 were discovered during the administration of his estate.”

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Iacovazzi v Reid and Anor [2026] NSWSC 1235 (1 October 2026) Lindsay J

Family provision of $700,000 in addition to $500,000 will gift to 62yo son from the testator’s $25m estate, comprising realty company ($24m) and 6 strata units at Killarney Vale ($1.5m).

Lindsay J detailed a written statement of the testator [21].

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