NSW Caselaw
New South Wales Supreme Court
CITATION : Pappas v Priakos [2007] NSWSC 410
HEARING DATE(S) : 13 March 2007 JURISDICTION : Equity Division Duty Judge List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 13 March 2007
DECISION : Order approving sale by one of two executors of estate property and authorising Registrar to execute any conveyance on behalf of the other
CATCHWORDS : ADMINISTRATION OF ESTATES – where one of two joint executors refuses to sell property – where evidence establishes that offer is a proper one and refusal is misconceived – other executor authorised to sell
LEGISLATION CITED : (NSW) Family Provision Act 1982 (NSW) Supreme Court Rules 1970 Pt 68 r 2
PARTIES : Nicholas George Pappas (plaintiff) Penelope Priakos (defendant)
FILE NUMBER(S) : SC 1324/07
COUNSEL : Mr M K Meek (plaintiff) Ms Priakos (in person) (defendant)
SOLICITORS : Nicholas G Pappas & Co (plaintiff)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST
BRERETON J
Tuesday, 13 March 2007
1324/07 Nicholas George Pappas v Penelope Priakos JUDGMENT (ex tempore) 1 HIS HONOUR: By summons filed on 31 January 2007 the plaintiff Nicholas George Pappas, one of the executors of the estate of the late Adreanna Pritchett – who died on 18 May 2004, leaving a will, probate of which was granted on 23 December 2004 to Mr Pappas and the defendant, the deceased's sister, Penelope Priakos – sues for the following orders: 1. An order approving the sale by private treaty by the Plaintiff of the property known as Unit 9, 1 Wyuna Road, Point Piper to Paul and Katherine Swain for $620,000. 2. An order authorising execution of all documents in relation to the sale of Unit 9, 1 Wyuna Road, Point Piper on behalf of the Defendant by a Deputy Registrar of this Honourable Court. 3. An order authorising the Plainitiff to pay all the liabilities of the Estate of the Late Andreanna Pritchett and thereafter to distribute the net Estate. 4. Such further or other orders as the Court deems fit. 5. Costs.
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