The Estate of Maureen Laila Huber of Cobra VIC,; The Estate of Dolf Paul Huber (No.3) [2021] NSWSC 1703

Supreme Court New South Wales

Medium Neutral Citation: The Estate of Maureen Laila Huber of Cobra VIC,; The Estate of Dolf Paul Huber (No.3) [2021] NSWSC 1703 Hearing dates: 10 December 2021 Date of orders: 23 December 2021 Decision date: 23 December 2021 Jurisdiction: Equity Before: Slattery J Decision: Gross sum fixed giving executors full indemnity. Catchwords: COST – Specified gross sum costs order – Civil Procedure Act 2005, s 98(4)(c) – lengthy estate administration – review of Registrar's decision under Uniform Civil Procedure Rules 2005, r 49.19 – claim for executors' commission – the Registrar awards commission under Probate and Administration Act 1898 – the beneficiaries allege maladministration of two estates by the executors – Registrar's decision upheld and costs orders made against the beneficiaries in two prior judgments of the Court – parties agree that the Court should make a specified gross sum costs order instead of assessed costs in respect of these costs orders – whether general cost discounts should be made when making a specified gross sum costs order in relation to any order for indemnity costs – whether any executors' costs have been unreasonably or improperly incurred – what specified gross sum, instead of assessed costs, should be fixed in respect of the categories of costs in dispute. Legislation Cited: Civil Procedure Act 2005, s 98(4)(c) Cases Cited: Bahamad v Wong [2020] NSWSC 991 Beach Petroleum NL v Johnson (No. 2) (1995) 135 ALR 160 Hamod v New South Wales [2011] NSWCA 375 Hancock v Rinehart (lump sum costs) [2015] NSWSC 1640 Harrison v Schipp (2002) 54 NSWLR 738 Harvey v Barton (No. 4) [2015] NSWSC 809 Kostov v Zhang (No 2) [2016] NSWCA 279 The Estate of Maureen Leila Huber; the Estate of Dolf Paul Huber [2020] NSWSC 1539 The Estate of Maureen Leila Huber; the Estate of Dolf Paul Huber [2021] NSWSC 187 Category: Costs Parties: First Plaintiff: Denzil Bruce Govett Second Plaintiff: David Corbo