NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Grimmond v Simmons [2021] NSWSC 1104 Hearing dates: 21 June 2021 Date of orders: 31 August 2021 Decision date: 31 August 2021 Jurisdiction: Equity Before: Henry J Decision: Plaintiff's notice of motion dismissed with no order as to costs of the proceedings. Catchwords: COSTS – Party/Party – Court's discretion – where proceedings relating to deceased's estate resolved by consent orders without hearing of plaintiff's claim – where independent third party appointed as administrator of deceased's estate rather than the plaintiff at plaintiff's cost – whether defendant's conduct unreasonable – plaintiff's application for costs refused – no order as to costs Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56–60, 98(1)(a) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Callaway v Callaway; The Estate of Aileen Margaret Callaway [2019] NSWSC 1275 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Nicol v Nicole; Estate of Peter Nicole [2020] NSWSC 419 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Texts Cited: Nil Category: Costs Parties: Kenneth James Grimmond (Plaintiff) Lynette Simmons (First Defendant) Representation: Counsel: P Wallis (Plaintiff)
Appearing: T Wolff, Maloney Anderson Legal (First Defendant)
Solicitors: Pryor Tzannes & Wallis Solicitors & Public Notaries (Plaintiff) Maloney Anderson Legal (First Defendant) File Number(s): 2019/267146 Publication restriction: Nil
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