Katsoulas v Kritikakis; Katsoulas v Apostolatos (No 2) [2024] NSWSC 174

Supreme Court New South Wales

Medium Neutral Citation: Katsoulas v Kritikakis; Katsoulas v Apostolatos (No 2) [2024] NSWSC 174 Hearing dates: On the papers (submissions 14, 26 February 2024) Decision date: 28 February 2024 Jurisdiction: Equity Before: Leeming JA Decision: In proceeding 2022/66764: 1. ORDER that the grant of probate made to Zoi Apostolatos and George Kritikakis on 14 September 2021 (in respect of the Will of the deceased, Theodore Katsoulas (in the Will called Theodore (aka Lakis) Katsoulas) dated 20 October 2016) be revoked. 2. ORDER that administration of the unadministered estate of the deceased be granted to Tony Katsoulas with the Will of the deceased dated 20 October 2016 annexed. 3. ORDER that the proceedings be referred to the Registrar to complete the grant. 4. ORDER that further compliance with requirements of the Probate Rules be dispensed with, with a view to the new grant of administration being made forthwith. 5. ORDER that Zoi Apostolatos and George Kritikakis, jointly and severally, cause the original grant of probate made to them to be delivered up to the Court. 6. Judgment against the defendants Zoi Apostolatos and George Kritikakis in the sum of $553,062.75, such judgment to be taken to have been entered on 7 February 2024. 7. Pursuant to s 101(3) of the Civil Procedure Act 2005 (NSW), extend the time during which interest is not paid on the judgment in order 6 above until 28 days from today. 8. The defendants Zoi Apostolatos and George Kritikakis to pay the plaintiff's costs, excluding the costs incurred in the application for orders and costs, with the intention that the parties bear their own costs of that application. 9. Note that nothing in the orders affects the defendants' entitlements to bequests in the will. In proceeding 2022/66818: 1. Judgment against the defendant Anthony Kritikakis in the sum of $825,575.85, such judgment to be taken to have been entered on 7 February 2024. 2. Pursuant to s 101(3) of the Civil Procedure Act 2005 (NSW), extend the time during which interest is not paid on the judgment in order 1 above until 28 days from today. 3. The defendant Anthony Kritikakis to pay the plaintiff's costs, excluding the costs incurred in the application for orders and costs, with the intention that the parties bear their own costs of that application. Catchwords: ORDERS – quantification of amounts for which defendants are to account – whether other orders necessary or appropriate Legislation Cited: Civil Procedure Act 2005 (NSW), s 101 Cases Cited: Katsoulas v Kritikakis; Katsoulas v Apostolatos [2024] NSWSC 67 Category: Consequential orders Parties: Proceeding 2022/00066818 Anthony Katsoulas (Plaintiff) Anthony Kritikakis (Defendant)