NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Bkassini v Sarkis (No 3) [2021] NSWSC 1609 Hearing dates: On the papers Date of orders: 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Equity Before: Robb J Decision: See pars [19] and [31] below. Catchwords: SUCCESSION — Family Provision — Costs — Where conventional costs orders made in favour of successful plaintiff and defendant executor for the costs of determining final orders after substantive orders made following primary judgment — Where because of payment of debts of the deceased's estate the defendant executor had insufficient funds to pay costs ordered to be paid to the plaintiff — Where order made that the costs payable to the plaintiff be charged upon property the subject of a Crisp order made in favour of the plaintiff Legislation Cited: Civil Procedure Act 2005 (NSW) Succession Act 2006 (NSW) Cases Cited: Bkassini v Sarkis (No 2) [2020] NSWSC 1465 Bkassini v Sarkis [2017] NSWSC 1487 Hells Angels Motorcycle Corporation (Australia) Pty Ltd v Redbubble Ltd [2019] FCA 1349 Re the Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Category: Consequential orders Parties: William Bkassini (plaintiff) Sonya Sarkis (defendant) Representation: Counsel: G McNally SC (plaintiff) J Needham SC (defendant)
Solicitors: Colin Daley Quinn (plaintiff) MJM Lawyers (defendant) File Number(s): 2015/27946
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