Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat; Yesilhat v Calokerinos, Executor of the Estate of the late George Sclavos (No. 4) [2020] NSWSC 1044

Supreme Court New South Wales

Medium Neutral Citation: Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat; Yesilhat v Calokerinos, Executor of the Estate of the late George Sclavos (No. 4) [2020] NSWSC 1044 Hearing dates: 10 March 2020 Date of orders: 11 August 2020 Decision date: 11 August 2020 Jurisdiction: Equity Before: Slattery J Decision: Judgments entered against the first and third defendants jointly and severally in specific amounts. Order for costs made against the third defendant on the ordinary basis. Orders for two thirds of the plaintiff's costs made for the period after the first judgment. Each party ordered to pay its own costs in respect of the plaintiff's claim for damages. Order for pre-judgment interest made on monies outstanding from the first and third defendants, dating from the first occasion when monies were demanded to be repaid. Catchwords: RELIEF HEARING – contest concerning consequential relief after judgment – what amount is due to the plaintiff from each of two defendants, one a natural person and the other a corporation – what costs orders should be made against the natural person defendant and the corporate defendant – what costs orders should be made against the natural person defendant and the corporate defendant in respect of the period after the Court's first judgment – what costs order should be made as a result of the plaintiff's withdrawal of her claim for damages – whether interest can be awarded under Civil Procedure Act 2005 despite the parties apparently agreeing that the loans were made on an interest-free basis. Legislation Cited: Civil Procedure Act 2005, s 100 Corporations Act 2001, s 131 Cases Cited: Bostik Australia Pty Limited v Liddiard (No. 2) [2009] NSWCA 304 Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat; Yesilhat v Calokerinos, Executor of the Estate of the late George Sclavos [2017] NSWSC 666 Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat; Yesilhat v Calokerinos, Executor of the Estate of the late George Sclavos (No. 2) [2019] NSWSC 584 Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat; Yesilhat v Calokerinos, Executor of the Estate of the late George Sclavos (No. 3) [2019] NSWSC 1752 Degman Pty Ltd (in liq) v Wright [1983] 2 NSWLR 348 Falkner v Bourke (1990) 19 NSWLR 574 King Network Group Pty Ltd v Club of the Clubs Pty Ltd (No 2) [2009] NSWCA 204 Ruby v Marsh (1975) 132 CLR 642 Ryan v South Sydney Junior Rugby League Club Ltd & Ors (1975) 2 NSWLR 660 Screenco Pty Ltd v RL Dew Pty Ltd (2003) 58 NSWLR 720 Category: Consequential orders Parties: 2013/358168 Plaintiff: Cleopatra Sclavos Calokerinos, as executor of the estate of the late George Sclavos First Defendant: Okan Yesilhat Second Defendant: Gokan Yesilhat Third Defendant: Australia's Best Tyres & Auto Pty Ltd ACN 151 629 131