Pappas v Priakos [2007] NSWSC 410

Pappas v Priakos [2007] NSWSC 410

The refusal by the co-executor to approve the sale was unjustifiable as the evidence showed the offer was proper and no higher offer was likely; the Court therefore approved sale by the willing executor and authorised the Registrar to act on behalf of the other.

Parties
Plaintiff: Nicholas George Pappas; Defendant: Penelope Priakos
Jurisdiction
Australia
Judgment Date
13 March 2007
Procedural Posture
Application for Orders in Administration of Estate / Final Determination at First Instance
Outcome
Orders granted approving sale by one executor and authorising Registrar to act for other executor.
Legal Topics
Administration of Estates, Powers of Executors, Sale of Estate Property
Succession Law Equity Administration of Estates Powers of Executors Sale of Estate Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Nicholas George Pappas

Plaintiff

Penelope Priakos

Defendant

Procedural Posture

Application for Orders in Administration of Estate / Final Determination at First Instance

Legal Issues

  1. 1 Whether the court should approve the sale of estate property by one executor where the other refuses consent
  2. 2 Whether Registrar should be authorised to execute documents on behalf of recusant executor

Ratio Decidendi

The refusal by the co-executor to approve the sale was unjustifiable as the evidence showed the offer was proper and no higher offer was likely; the Court therefore approved sale by the willing executor and authorised the Registrar to act on behalf of the other.

Court Disposition

Orders granted approving sale by one executor and authorising Registrar to act for other executor.

Orders

  • Order approving sale by Nicholas George Pappas of Unit 9, 1 Wyuna Road, Point Piper for $620,000
  • Order authorising execution of all documents in relation to the sale on behalf of Penelope Priakos by a Deputy Registrar