Promethean Investments Pty Limited and Promethean Trust v Paul Tsilfidis [2014] NSWSC 1049

Supreme Court New South Wales

Medium Neutral Citation: Promethean Investments Pty Limited and Promethean Trust v Paul Tsilfidis [2014] NSWSC 1049 Hearing dates: 29 July 2014 Decision date: 29 July 2014 Jurisdiction: Equity Division Before: Sackar J Decision: see para 32 Legislation Cited: NSW Trustee and Guardian Act 2009 Guardianship Act 1987 Cases Cited: Lysaght v Edwards (1876) 2 Ch D 399 Category: Principal judgment Parties: Promethean Investments Pty Limited atf the Promethean Trust - plaintiff Paul Tsilfidis - first defendant NSW Trustee and Guardian - second defendant Jack Jacovou - third defendant Representation: Counsel: C Alexander - plaintiff In person - first defendant In person - third defendant File Number(s): 2014/145287

Judgment -

His Honour 1These are expedited proceedings brought by way of amended statement of claim. A number of orders are sought but apart from the appointment of an administrator by way of letters of administration the principal relief sought is specific performance of a contract for the sale of land of a property in Newtown. 2The first defendant is Mr Paul Tsilfidis. He is the son of Ms Kati Tsilfidis and he is the principal beneficiary under her will dated 16 November 2012. He has appeared in person to oppose orders sought by the plaintiff and certainly to oppose the order for specific performance. 3The second defendant was the New South Wales Trustee and Guardian. On or about 30 May it was excused from any further attendance in the proceedings and it simply filed an appearance and has not participated in the hearing. 4The first defendant Mr Tsilfidis has never filed any defence in the proceedings nor has he ever filed a cross claim. He has provided me today with a document or a series of documents which I have marked Exhibit D1 and I will return to those documents a little later in the judgment.