Calokerinos, Executor of the Estate of the late George Sclavos v Aantcorp Pty Ltd (No 2)

The case involved Calokerinos, acting as the executor of the estate of the late George Sclavos, against Aantcorp Pty Ltd. The dispute centred around the ownership and sale of a property located in Sydney. The matter was heard in the Supreme Court of New South Wales. The executor of the estate alleged that the property had been sold by the deceased without proper authority, and that the proceeds from the sale had been misappropriated by Aantcorp Pty Ltd.

The legal issues the court had to address were whether the deceased had the authority to sell the property and whether Aantcorp Pty Ltd was entitled to retain the proceeds from the sale. Additionally, the court had to consider whether the executor of the estate had standing to bring the action on behalf of the deceased's estate. The court examined the relevant documents, including the will and the contract of sale, to determine the validity of the sale and the authority of the deceased to sell the property.

The court found that the deceased did not have the authority to sell the property, as the sale was not properly authorised by the estate. The court also held that Aantcorp Pty Ltd was not entitled to retain the proceeds from the sale, as they had been obtained through fraudulent means. The executor of the estate was found to have standing to bring the action on behalf of the deceased's estate. The court ordered Aantcorp Pty Ltd to pay the proceeds of the sale to the estate, along with interest and costs. The court also issued an injunction preventing Aantcorp Pty Ltd from interfering with the executor's management of the estate.