McCredie v Batson (No. 2) [2021] NSWSC 78

Supreme Court New South Wales

Medium Neutral Citation: McCredie v Batson (No. 2) [2021] NSWSC 78 Hearing dates: 11 February 2021 Date of orders: 11 February 2021 Decision date: 11 February 2021 Jurisdiction: Equity Before: Slattery J Decision: The costs of the parties in respect of the issues determined in the judgment of 24 December 2020 will be paid out of the estate of the late Betty Batson and within that estate the burden of those costs will be borne equally by all the beneficiaries other than Mr David Jasper-Batson. Catchwords: COSTS – estate litigation – contest between executors as to who should bear costs – both the plaintiff and the defendant fail in their claims for the other to pay costs, as neither party was wholly successful – questions as to whether there were reasonable grounds for the litigation and whether the litigation was conducted bona fide – costs of the proceedings to be made out of the estate. Cases Cited: Blendell v Byrne & Ors; the Estate of Noeline Joan Blendell (No 2) [2019] NSWSC 798 Luke v South Kensington Hotel Company (1879) 11 Ch D 121 McCredie v Batson [2020] NSWSC 1913 Re Mayo [1943] Ch 302 Texts Cited: W.R. Miller, Probate Practice (Maxwell: 1900 Ed) Category: Costs Parties: Plaintiff: Jenise McCredie Defendant: Karen Batson Representation: Counsel: Plaintiff: A. Crossland

Solicitors: Plaintiff: R. Lewis, Elder Law Defendant: T. Orlizki, Kent Attorneys File Number(s): 2020/359014 Publication restriction: No