The Estate of Maureen Laila Huber of Cobra VIC, The Estate of Dolf Paul Huber (No.2) [2021] NSWSC 187

Supreme Court New South Wales

Medium Neutral Citation: The Estate of Maureen Laila Huber of Cobra VIC, The Estate of Dolf Paul Huber (No.2) [2021] NSWSC 187 Hearing dates: 9 March 2021 Date of orders: 17 June 2021 Decision date: 17 June 2021 Jurisdiction: Equity Before: Slattery J Decision: See paragraph [85]. Catchwords: COSTS – Costs orders sought by and against executors – costs orders after review of the Registrar's decision under Uniform Civil Procedure Rules 2005, r 49.19 - claim for executors' commission – the Registrar awards commission under Probate and Administration Act 1898, s 86 – the beneficiaries allege maladministration of two estates by the executors, disentitling the executors to any award of commission – upon review of the Registrar's decision the beneficiaries contend the decision should be overturned – in the Court's first judgment the Registrar's decision substantially upheld in both estates but with minor variations in favour of the executors – various costs issues raised as to the allocation of the costs of the proceedings before the Registrar and in these proceedings as between the beneficiaries and the executors in both estates. EQUITY – Trusts and trustees – powers, duties, rights and liabilities – indemnity – right of indemnity from the trust estate – whether executors and trustees should be indemnified out of the estates and associated testamentary trusts for their costs of various litigated contests with the beneficiaries associated with the passing of estate accounts and awards of commission. Legislation Cited: Civil Procedure Act 2005, s 98(4)(c) Probate and Administration Act 1898, s 86 Uniform Civil Procedure Rules 2005, Part 42.33, rr 33.11, 49.19 Cases Cited: AIT Investment Group Pty Ltd v Markham Property Fund (No 2) Pty Ltd [2015] NSWSC 216 Australasia Ltd v Barnes (1941) 64 CLR 268 Bahamad v Wong [2020] NSWSC 991 Harrison v Schipp [2001] NSWCA 13 Hartigan Nominees Pty Ltd v Rydge (1992) 29 NSWLR 405 Mead v Watson (2005) 23 ACLC 718 National Trustees Executors & Agency Co of Nobarani v Mariconte (No 2) (2018) 360 ALR 390 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin (1997) 186 CLR 622 The Estate of Maureen Leila Huber; the Estate of Dolf Paul Huber [2020] NSWSC 1539 Wright v Stevens [2018] NSWSC 548 Category: Consequential orders Parties: First Plaintiff: Denzil Bruce Govett Second Plaintiff: David Corbo