Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat; Yesilhat v Calokerinos, Executor of the Estate of the late George Sclavos (No. 3) [2019] NSWSC 1752

Supreme Court New South Wales

Medium Neutral Citation: Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat; Yesilhat v Calokerinos, Executor of the Estate of the late George Sclavos (No. 3) [2019] NSWSC 1752 Hearing dates: 16 July,14 August, 23 September & 25 October 2019 Date of orders: 13 December 2019 Decision date: 13 December 2019 Jurisdiction: Equity Before: Slattery J Decision: Judgment for the second defendant. Directions made for the parties to provide clearer analysis in relation to the liability of Australia's Best Tyres and Mr Okan Yesilhat. Catchwords: RELIEF HEARING – contest concerning consequential orders after a principal judgment and a second judgment – in the principal judgment the Court declined an application to revoke a grant of probate and dismissed a claim in related proceedings for provision out of the estate of a deceased person under Succession Act 2006, Chapter 3 – various monies ordered to be repaid to the deceased's estate that had been advanced to the first defendant in the debt/trust proceedings, Mr Okan Yesilhat, before the deceased's death – two issues are for determination in these reasons: (1) whether another defendant, Mr Gokan Yesilhat, has any liability to repay the estate for loan monies advanced to him; (2) whether another defendant, Australia's Best Tyres Pty Ltd, has any liability to repay monies to the estate. Legislation Cited: Civil Procedure Act 2005, s 98(4)(c) Succession Act 2006, Chapter 3 Cases Cited: Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat; Yesilhat v Calokerinos, Executor of the Estate of the late George Sclavos [2017] NSWSC 666 Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat; Yesilhat v Calokerinos, Executor of the Estate of the late George Sclavos (No. 2) [2019] NSWSC 584 King Network Group Pty Ltd v Club of the Club's Pty Ltd (No 2) [2009] NSWCA 204 Category: Consequential orders (other than Costs) Parties: 2013/358168 Plaintiff: Cleopatra Sclavos Calokerinos, as executor of the estate of the late George Sclavos First Defendant: Okan Yesilhat Second Defendant: Gokan Yesilhat Third Defendant: Australia's Best Tyres & Auto Pty Ltd ACN 151 629 131