Katsoulas v Kritikakis; Katsoulas v Apostolatos [2024] NSWSC 67

Katsoulas v Kritikakis; Katsoulas v Apostolatos [2024] NSWSC 67

Anthony breached fiduciary duties by causing withdrawals and transfers from the deceased’s bank accounts for the benefit of himself and his family without fully informed consent; Zoi and George are liable as recipients for failing to account for estate monies transferred to their joint account. Probate should be revoked and Tony appointed to represent the deceased estate. Relief is limited by equitable discretionary considerations for smaller pre-May 2019 withdrawals and expenses paid from the estate.

Parties
Plaintiff: Anthony Katsoulas; Defendant: Anthony Kritikakis; First Defendant: Zoi Apostolatos; Second Defendant: George Kritikakis
Jurisdiction
Australia
Judgment Date
07 February 2024
Procedural Posture
Principal Judgment / Post Trial (final Orders)
Outcome
Judgment for plaintiff; orders for account; costs ordered against defendants.
Legal Topics
Breach of Fiduciary Duty, Accounting for Estate Assets, Appointment of Representative Under UCPR R 7.10, Revocation of Probate
Equity Probate Breach of Fiduciary Duty Accounting for Estate Assets Appointment of Representative Under UCPR R 7.10 Revocation of Probate

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Parties

Anthony Katsoulas

Plaintiff

Anthony Kritikakis

Defendant

Zoi Apostolatos

First Defendant

George Kritikakis

Second Defendant

Procedural Posture

Principal Judgment / Post Trial (final Orders)

Legal Issues

  1. 1 Whether Anthony Kritikakis breached fiduciary duties owed to the deceased by withdrawing funds from bank accounts.
  2. 2 Whether the transactions withdrawing funds from the estate were authorised by the deceased or occurred with fully informed consent.
  3. 3 Whether Zoi Apostolatos and George Kritikakis breached obligations as executors or recipients by failing to disclose or account for estate monies.

Ratio Decidendi

Anthony breached fiduciary duties by causing withdrawals and transfers from the deceased’s bank accounts for the benefit of himself and his family without fully informed consent; Zoi and George are liable as recipients for failing to account for estate monies transferred to their joint account. Probate should be revoked and Tony appointed to represent the deceased estate. Relief is limited by equitable discretionary considerations for smaller pre-May 2019 withdrawals and expenses paid from the estate.

Court Disposition

Judgment for plaintiff; orders for account; costs ordered against defendants.

Orders

  • Pursuant to UCPR r 7.10, the plaintiff is appointed representative of the deceased estate with effect from 30 January 2024.
  • Plaintiff to supply proposed short minutes reflecting revocation and grant of probate and pecuniary relief sought within 7 days.