NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Coss v Norman (No 2) [2021] NSWSC 1490 Hearing dates: On the papers; written submissions ending 10 November 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Jurisdiction: Equity Before: Parker J Decision: See [40] Catchwords: COSTS – succession – family provision – application for further provision refused – incidence of costs – adverse effect on plaintiff's financial position if costs order made against him – plaintiff's application was for provision in the nature of advancement not maintenance – no sufficient reason to depart from the usual order as to costs – solicitor-client costs out of the estate – form of order Legislation Cited: Succession Act 2006 (NSW), s 59 Uniform Civil Procedure Rules 2005 (NSW), r 42.20 Cases Cited: Calderbank v Calderbank [1975] 3 WLR 586 Chapple v Wilcox (2014) 87 NSWLR 646 Daniels v Hall (No 2) [2014] WASC 272 Harkness v Harkness (No 2) [2012] NSWSC 35 Lewis v Lewis (No 2) [2020] NSWSC 1519 McCusker v Rutter [2010] NSWCA 318 Megerditchian v Khatchadourian (No 2) [2020] NSWSC 112 North v Daniel [2021] NSWSC 828 Singer v Berghouse (1993) 67 ALJR 708 Category: Costs Parties: Rodney James Coss (Plaintiff) Fiona Norman (Defendant) Representation: Counsel: TJ Morahan (Plaintiff) S Chapple (Defendant)
Solicitors: Lang Noonan Legal (Plaintiff) Somerville Legal (Defendant) File Number(s): 2020/230538 Publication restriction: Nil
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