Kuitkowski v Tream [2023] NSWSC 145

Supreme Court New South Wales

Medium Neutral Citation: Kuitkowski v Tream [2023] NSWSC 145 Hearing dates: 30 January 2023 Date of orders: 27 February 2023 Decision date: 27 February 2023 Jurisdiction: Equity Before: Robb J Decision: See [50] – [55] Catchwords: SUCCESSION — executors and administrators — proceedings against executors and administrators — application for removal — where removal justified as administrator does not recognise jurisdiction of Court, and has failed to fully administer the estate — order for revocation of grant, with fresh grant to independent administrator Legislation Cited: Probate and Administration Act 1898 (NSW), ss 66(a), 74(c), 81A(1) Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: O'Neill v O'Neill [2015] NSWSC 644 Category: Principal judgment Parties: Tomasz Kuitkowski (plaintiff/first cross defendant) Blossom Anne Tream (defendant/cross claimant) Ann Warmbier (second cross defendant) Adriana Czurgiel (third cross defendant) Bartosz Gregorczyk (fourth cross defendant) Diana Kuitkowski (fifth cross defendant) Mick Wywrota (sixth cross defendant) Representation: Counsel: N Kirby (plaintiff) Blossom Anne Tream (self-represented) Solicitors: McIntyre Legal (plaintiff) File Number(s): 2022/00032832

JUDGMENT 1. Stan Tream (also known as Stanislaw Tremtiaczy) (the Deceased) died on 7 November 2018, leaving a will dated 20 February 2015 (the Will). 2. The executors named in the Will renounced probate. On 26 August 2020, the Court granted letters of administration with the Will annexed to the deceased's de facto spouse, Blossom Anne Tream, the defendant in these proceedings (the Grant). 3. The plaintiff is Tomasz Kuitkowski, one of the beneficiaries of the Will, who is entitled to receive 2% of the Deceased's estate.