Re Kordos - [2023] VSC 14

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

COMMON LAW DIVISION

TRUSTS, EQUITY AND PROBATE LIST

S PRB 2022 13293

IN THE MATTER of the estate of ERMIONI KORDOS (in the will called Erimone Kordos), deceased

APPLICATION BY:

ZAFIRI KORDOS

Plaintiff

---

JUDGE:	McMillan J
WHERE HELD:	Melbourne
DATE OF HEARING:	18 November 2022
DATE OF JUDGMENT:	31 January 2023
CASE MAY BE CITED AS:	Re Kordos
MEDIUM NEUTRAL CITATION:	[2023] VSC 14

---

WILLS AND ESTATES — Where plaintiff seeks limited grant as administrator ad litem — Where plaintiff in a position of conflict of interest — Where plaintiff unable to provide an administration guarantee.

---

APPEARANCES:	Counsel	Solicitors
For the Plaintiff	Mr J Rizzi	Kyriacou Lawyers Pty Ltd

HER HONOUR:

Introduction

Ermioni Kordos (‘the deceased’) died on 22 October 2021, aged 87 years. The deceased’s husband, Evangelos Kordos (‘Evangelos’), predeceased the deceased having died in 2006. The deceased and her husband had two children, Vasilios (Bill) Kordos (‘Vasilios’) and Zafiri (Geoff) Kordos (‘the plaintiff’). Vasilios predeceased the deceased, having died on 15 June 2021. On 23 September 2021, probate of Vasilios’ will was granted to his widow, Eleanor Kordos (‘Eleanor’).

The deceased’s will dated 21 April 2016 has been deposited with the Office of the Registrar of Probates (‘the will’). The deceased appointed Vasilios as executor of the will and leaves the estate to Vasilios. In the event that Vasilios predeceased the deceased, the estate is left the son of Vasilios and Eleanor, Evaan Kordos (‘Evaan’).

The plaintiff is not a beneficiary under the deceased’s will, with the will recording:

9.I make no provision for my son GEOFFREY KORDOS as my said son Bill Kordos assisted me and my late husband when we were in financial difficulties and Bill Kordos continues to assist me financially and the disposition of my estate to him is in acknowledgement of the said financial assistance.

Plaintiff’s application

By originating motion filed 6 July 2022, the plaintiff seeks a limited grant ad litem of the estate of the deceased for the purpose of:

…
2(a)investigating the misappropriation of assets belonging to the deceased by Vasilios Kordos and others,
2(b)commencing and having the conduct and carriage of proceedings (sic) to recover the traceable proceeds of sale of the deceased’s property … Doncaster (‘the Doncaster property’ ) in which the plaintiff in his capacity as administrator of the estate of the deceased shall be the plaintiff;
2(c)obtaining relevant discovery relating to the transfer of the Doncaster property (‘the proceeding’);
2(d)if appropriate, compromising the proceeding upon such terms as the plaintiff may think fit;
2(e)giving consent on behalf of the estate of the deceased to the making of orders and the entry of judgment by the Court to conclude the proceeding; and
2(f)otherwise prosecuting the proceeding to judgment and taking all such steps as may be appropriate to enforce any such judgment on behalf of the estate of the deceased.
3.This grant of letters of administration ad litem is limited until a grant of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Re Kordos

Details

AGLC: Re Kordos [2023] VSC 14
Case: [2023] VSC 14
Decision Date: 31 January 2023

CaseChat Overview and Summary

The case of Re Kordos involved a dispute concerning the administration of an estate. The plaintiff sought a limited grant as an administrator ad litem of the estate of the deceased, Mr Kordos. The case was heard in the Supreme Court of Victoria. The central issue was whether the plaintiff, who stood to benefit from the estate, could be appointed as an administrator ad litem given their potential conflict of interest and inability to provide an administration guarantee.

The court was required to determine whether the plaintiff could be appointed as an administrator ad litem despite their conflict of interest and inability to provide an administration guarantee. The court considered the statutory provisions governing the appointment of administrators ad litem, the principles of equity, and the need to protect the interests of all parties involved in the estate administration.

The court held that the plaintiff could not be appointed as an administrator ad litem due to their conflict of interest and inability to provide an administration guarantee. The court emphasised the importance of ensuring that the administrator of an estate acts impartially and in the best interests of all beneficiaries. The court also noted that the inability to provide an administration guarantee could result in significant financial risks for the estate. Consequently, the court denied the plaintiff's application for a limited grant as an administrator ad litem.

The court's decision was final and binding, with no orders made in favour of the plaintiff. The court's ruling ensures that the administration of Mr Kordos' estate will be conducted by a disinterested party, protecting the interests of all beneficiaries.

Orders