Affidavit under Part IV of the Trustee Act by Tenterfield Shire Council (No 3) [2021] NSWSC 1556

Supreme Court New South Wales

Medium Neutral Citation: Affidavit under Part IV of the Trustee Act by Tenterfield Shire Council (No 3) [2021] NSWSC 1556 Hearing dates: On the papers (26 October 2021) Date of orders: 6 December 2021 Decision date: 06 December 2021 Jurisdiction: Equity Before: Emmett AJA Decision: See paragraph [17] Catchwords: NOTICE OF MOTION – Uniform Civil Procedure Rules (2005) r 36.17 – slip rule – costs order against litigant "in his capacity as administrator" of estate – adversarial litigation – costs order not limited to assets of estate – litigant personally liable – costs order amended Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW) Trustee Act 1925 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Affidavit under Part IV of the Trustee Act by Tenterfield Shire Council [2019] NSWSC 894 Affidavit under Part IV of the Trustee Act by Tenterfield Shire Council (No 2) [2019] NSWSC 1119 Bailey v Marinoff (1971) 125 CLR 529; [1971] HCA 49 Hanave Pty Ltd v LFOT Pty Ltd 136 FCR 566; [2004] FCAFC 180 Hatton v Harris [1892] AC 547 Newmont Yandal Operations Pty Ltd v The J Aron Corp 70 NSWLR 411; [2007] NSWCA 195 Texts Cited: Nil Category: Consequential orders Parties: Jack Edward Walsh, Administrator under Letters of Administration 23 July 2004 of the Estate of Jeanette Irene Walsh Russell Eric Templeton, Administrator under Letters of Administration 31 March 2014 of the Estate of Lucille Mary Kathleen Marshall (nee Walsh) Representation: Counsel: John Baird (Applicant) Mirren Waters (Respondent)