MacAlpine v MacAlpine (No 2) [2020] NSWSC 1003

Supreme Court New South Wales

Medium Neutral Citation: MacAlpine v MacAlpine (No 2) [2020] NSWSC 1003 Hearing dates: 31 July 2020 Date of orders: 31 July 2020 Decision date: 31 July 2020 Jurisdiction: Equity - Family Provision List Before: Parker J Decision: See [42] Catchwords: COSTS – party/party – exception to the general rule that costs follow the event – family provision claim unsuccessful – whether 'special' order should be made that costs come out of the estate or that there be no order as to costs COSTS – party/party – basis of quantification – indemnity basis – plaintiff who was unsuccessful rejected defendant's Calderbank offer Cases Cited: Chapple v Wilcox (2014) 87 NSWLR 646 Daniels v Hall (No 2) [2014] WASC 272 Megerditchian v Khatchadourian (No 2) [2020] NSWSC 112 Singer v Berghouse (1993) 67 ALJR 708 Category: Costs Parties: Stuart MacAlpine (Plaintiff) Grant MacAlpine (Defendant) Representation: Advocates: S Joseph (solicitor) (Plaintiff) BJ Skinner (counsel) (Defendant)

Solicitors: Cole & Butler Solicitors (Plaintiff) Cheney Suthers Lawyers (Defendant) File Number(s): 2019/116888 Publication restriction: Nil

Judgment – EX TEMPORE Revised from transcript; issued 3 August 2020 1. On 26 June this year, I delivered my principal judgment in these proceedings: MacAlpine v MacAlpine [2020] NSWSC 824. I dismissed the plaintiff's application for family provision and reserved the costs of the proceedings for further consideration. This judgment now deals with the question of costs. It assumes familiarity with, and uses the terminology used in, my first judgment. 2. At today's hearing, the plaintiff, Stuart, was represented by his solicitor, Mr Joseph. The defendant, Grant, was represented by his counsel, Mr Skinner.