NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Haberl v Haberl [2022] NSWSC 192 Hearing dates: 24 February 2022 Date of orders: 25 February 2022 Decision date: 24 February 2022 Jurisdiction: Equity Before: Kunc J Decision: Plaintiff fails on contested issues; entitled to relief on conceded matters; no order as to costs; limit on plaintiff's entitlement to indemnity from estate Catchwords: COSTS – Costs disproportionate to amount at stake — Whether administrator's conduct of litigation unreasonable so as to reduce entitlement to indemnity for costs from estate — Whether proceedings should have been brought in District Court — "proceedings for the administration of the estate" — District Court Act 1973 (NSW), s 134(1)(f) SUCCESSION — Executors and administrators — Administrator sues executors de son tort to recover estate property Legislation Cited: District Court Act 1973 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Coshott v Sakic [1998] 44 NSWLR 667 Day v Couch [2000] NSWSC 230 Evans v Evans (1910) 10 SR (NSW) 594; 27 WN (NSW) 163 Heydon v The Perpetual Executors, Trustees and Agency Company (WA) Limited (1930) 45 CLR 111; [1930] HCA 26 Category: Principal judgment Parties: Andrea Haberl (Plaintiff)
Robert Haberl (First Defendant) Karin Haberl (Second Defendant) Representation: Counsel:
N J Simpson (Plaintiff)
Robert Haberl and Karin Haberl (Self represented)
Solicitors:
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