Stojanovski v Stojanovski (No 4) [2021] NSWSC 800

Supreme Court New South Wales

Medium Neutral Citation: Stojanovski v Stojanovski (No 4) [2021] NSWSC 800 Hearing dates: On the papers Date of orders: 1 July 2021 Decision date: 01 July 2021 Jurisdiction: Equity Before: Robb J Decision: The second defendant's application for orders for her costs of the proceedings is dismissed. Catchwords: COSTS — Party/Party — Self represented litigant — Where the second defendant sought costs orders against the bankrupt first defendant and in the alternative against the estate of his deceased mother on the basis that property vested in the first defendant's trustees in bankruptcy should be treated as part of the estate — Where the second defendant had filed a submitting appearance — Where the second defendant had incurred costs in making an application for leave to apply for family provision relief out of time — Where the second defendant had not prosecuted the application for leave — Where otherwise no relief had been sought by or against the second defendant — Where the Court found that the second defendant was entitled to seek legal advice as to the significance of the steps being taken by other parties in the proceedings, but at her own cost — Where the Court dismissed the application for costs Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Stojanovski v Stojanovski [2019] NSWSC 1713 Stojanovski v Stojanovski (No 3) [2020] NSWSC 1540 Category: Costs Parties: Steven Stojanovski (plaintiff) Robert Stojanovski (first defendant) Jovanka Stojanovski (second defendant) Jordan Stojanovski (third defendant) Angelina Stojanovski (fourth defendant/cross-defendant) Fabian Kane Micheletto (fifth defendant/first cross-claimant) Michael Carrafa (sixth defendant/second cross-claimant) Representation: Counsel: J Stojanovski (self) (second defendant)