Georgios Vasilios Sotiropoulos as executor of the estate of the late Maria Sotiropoulos v Vlasios Vasilios Sotiropoulos (No 2) [2015] NSWSC 1277

Supreme Court New South Wales

Medium Neutral Citation: Georgios Vasilios Sotiropoulos as executor of the estate of the late Maria Sotiropoulos v Vlasios Vasilios Sotiropoulos (No 2) [2015] NSWSC 1277 Hearing dates: In chambers Date of orders: 02 September 2015 Decision date: 02 September 2015 Jurisdiction: Equity Before: Robb J Decision: Order that the costs of both parties be paid out of the estate of the deceased, Maria Sotiropoulos, on the indemnity basis. Catchwords: PROCEDURE – costs – principal judgment found in favour of the defendant – defendant submits that the plaintiff should personally bear both parties' costs – despite outcome of principal judgment, the plaintiff's position was properly arguable – whether proceedings have been instituted for the plaintiff's personal benefit rather than to properly administer the estate – plaintiff acted on the basis of legal advice of two senior counsel – held that the plaintiff acted properly as executor – order that both parties' costs be paid out of the estate on the indemnity basis Legislation Cited: Conveyancing Act 1919 (NSW) Trustee Act 1925 (NSW) Texts Cited: David Haines, Construction of Wills in Australia (LexisNexis Butterworths 2007) Category: Costs Parties: Georgios Vasilios Sotiropoulos as executor of the estate of the late Maria Sotiropoulos (plaintiff) Vlasios Vasilios Sotiropoulos (defendant) Representation: Counsel: C Birch SC/V Bedrossian (plaintiff) B W Rayment QC/M Sneddon (defendant)

Solicitors: Hunt & Hunt (plaintiff) Fox & Staniland (defendant) File Number(s): 2012/299555 Publication restriction: None