Grant v Grant; Grant v Grant (No. 3) [2021] NSWSC 1

Supreme Court New South Wales

Medium Neutral Citation: Grant v Grant; Grant v Grant (No. 3) [2021] NSWSC 1 Hearing dates: Decision in Chambers on the papers. Date of orders: 5 January 2021 Decision date: 05 January 2021 Jurisdiction: Equity Before: Slattery J Decision: The defendants are ordered to pay the costs of the plaintiff in the estate recovery proceedings on an indemnity basis. The plaintiff is ordered to pay the costs of the estate in the family provision proceedings on an indemnity basis. Liberty to apply granted. Catchwords: COSTS – Indemnity costs – an application for indemnity costs is brought by the successful party following judgment delivered on 24 September 2020 – whether indemnity costs should be awarded on the basis of that judgment's findings of significant misconduct against the unsuccessful parties. Cases Cited: Baillieu Knight Frank (NSW) Pty Ltd v Ted Manny Real Estate Pty Ltd (1992) 30 NSWLR 359 Degmam Pty Ltd (in liq) v Wright (No. 2) [1983] 2 NSWLR 354 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Grant v Grant; Grant v Grant (No 2) [2020] NSWSC 1288 Harrison v Schipp [2001] NSWCA 13 Medsara Pty Ltd v Sande [2005] NSWCA 40 Westpac Banking Corporation v Ollis [2007] NSWSC 1008 Category: Costs Parties: In proceedings 2017/316190 ("the estate recovery proceedings"):

Representative of the Estate of Alan Grant: Seth Grant First Defendant: Nerez Grant Second Defendant: Kashaya Grant