Katramados v Hasapis (No 4) [2019] NSWSC 846

Katramados v Hasapis (No 4) [2019] NSWSC 846

Given previous orders and the need to facilitate the trustee's duties, the Court dispensed with formal statement of claim for possession and ordered Adriana to give possession of the Campsie property to the trustee. Final family provision orders are deferred pending evidence of realised estate values.

Parties
Plaintiff: Julia Katramados; First Defendant: Despina Hasapis; Second Defendant: Adriana Kalantzis; Third Defendant: Maria Kalantzis; Fourth Defendant: Vassilis Kalantzis; Applicant: Gordon Albert Salier AM
Jurisdiction
Australia
Judgment Date
05 July 2019
Procedural Posture
Consequential Orders (other Than Costs) / Orders Following Earlier Substantive Decisions; Not Final Family Provision Orders
Outcome
Orders made to facilitate trustee's possession and sale; final relief deferred pending further evidence.
Legal Topics
Court Appointed Trustee Powers, Facilitating Sale of Estate Properties, Family Provision Proceedings, Delay Before Final Orders, Dispensation of Procedural Requirements
Equity Trusts and Trustees Court Appointed Trustee Powers Facilitating Sale of Estate Properties Family Provision Proceedings Delay Before Final Orders Dispensation of Procedural Requirements

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Parties

Julia Katramados

Plaintiff

Despina Hasapis

First Defendant

Adriana Kalantzis

Second Defendant

Maria Kalantzis

Third Defendant

Vassilis Kalantzis

Fourth Defendant

Gordon Albert Salier AM

Applicant

Procedural Posture

Consequential Orders (other Than Costs) / Orders Following Earlier Substantive Decisions; Not Final Family Provision Orders

Legal Issues

  1. 1 Whether to dispense with requirement to file statement of claim in respect of possession application
  2. 2 Whether and how to facilitate trustee's ability to sell Campsie property
  3. 3 How to advance family provision applications given uncertainty regarding Greek estate value and costs

Ratio Decidendi

Given previous orders and the need to facilitate the trustee's duties, the Court dispensed with formal statement of claim for possession and ordered Adriana to give possession of the Campsie property to the trustee. Final family provision orders are deferred pending evidence of realised estate values.

Court Disposition

Orders made to facilitate trustee's possession and sale; final relief deferred pending further evidence.

Orders

  • No party requested Gordon Albert Salier AM to administer assets in Greece; he does not intend to do so.
  • Pursuant to s 71 Trustee Act 1925 (NSW), vest 75 Duke Street, Campsie in Gordon Albert Salier AM.