Micallef v Linney [2020] NSWSC 1457

Supreme Court New South Wales

Medium Neutral Citation: Micallef v Linney [2020] NSWSC 1457 Hearing dates: On the papers (submissions 27 August 2020) Date of orders: 22 October 2020 Decision date: 22 October 2020 Jurisdiction: Equity Before: Emmett AJA Decision: Order that: 1. The costs of the plaintiff/cross-defendant up to and including the consideration of the affidavits filed on behalf of the first defendant/cross-claimant and second defendant be paid out of the estate of the late Hope Marie Linney on the ordinary basis. 2. The costs of the first defendant/cross-claimant and second defendant of the proceedings be paid out of the estate of the late Hope Marie Linney on the indemnity basis. Catchwords: SUCCESSION — Contested probate — Costs — Where litigation caused by testator, executor or person interested — Where circumstances led reasonably to an investigation of a matter — Allegations of undue influence Legislation Cited: Supreme Court Rules 1970 (NSW), Pt 78 Cases Cited: Boyce v Bunce [2015] NSWSC 1924 In the Estate of Moyle: Moyle v Moyle (Supreme Court (NSW), Santow J, 18 June 1988, unrep) Micallef v Linney - Estate of Hope Marie Linney [2020] NSWSC 898 Middlebrook v Middlebrook (1962) 36 ALJR 216 Perpetual Trustee v Baker [1999] NSWCA 244 Re Estate Late Hazel Ruby Grounds; Page v Sedawie [2005] NSWSC 1311 Re Estate of Hodges; Shorter v Hodges (1988) 14 NSWLR 698 Reginald Alfred Becker v Public Trustee of New South Wales [2006] NSWSC 1146 Shorten v Shorten (No 2) [2003] NSWCA 60 Category: Costs Parties: Maureen Micallef (Plaintiff/Cross-defendant) Gayle Maria Linney (First Defendant/Cross-claimant) Denis Joseph Linney (Second Defendant) Representation: Counsel: T Catanzariti (Plaintiff/Cross-defendant) J E F Brown with P A Muscat (First Defendant/Cross-claimant and Second Defendant)