Fatseas v Fatseas bht Basha (No 3) [2022] NSWSC 566

Supreme Court New South Wales

Medium Neutral Citation: Fatseas v Fatseas bht Basha (No 3) [2022] NSWSC 566 Hearing dates: On the papers; submissions received 29 April 2022 and 2 May 2022 Date of orders: 10 May 2022 Decision date: 10 May 2022 Jurisdiction: Equity - Probate List Before: Stevenson J Decision: Order the plaintiff pay the first defendant's costs of the first defendant's Amended Notice of Motion filed 6 April 2022. No order as to the costs of the plaintiff's Notice of Motion filed 12 April 2022 to the intent that each party will pay their own costs of that motion. Catchwords: COSTS – costs of competing Notice of Motions concerning Heads of Agreement Cases Cited: Fatseas v Fatseas bht Basha [2022] NSWSC 402 Fatseas v Fatseas bht Basha (No 2) [2022] NSWSC 487 Category: Costs Parties: Stella Maria Fatseas (Plaintiff/First Respondent) John Emanuel Fatseas bht Gerard John Basha (First Defendant/Applicant) Maria Katina Fatseas (Second Defendant/Second Respondent) Representation: Counsel: M R Pesman SC with C E Alexander (Plaintiff/First Respondent) P Wallis (First Defendant/Applicant)

Solicitors: Bay Legal (Plaintiff/First Respondent) Pryor Tzannes & Wallis (First Defendant/Applicant) File Number(s): 2017/85791

Judgment 1. I have given judgments in this matter on 6 April 2022 [1] ("the First Judgment") and on 26 April 2022 [2] ("the Second Judgment"). 2. I shall use the same abbreviations in these reasons. 3. At [25] of the Second Judgment, I invited submissions in relation to the costs of John's Amended Notice of Motion filed 6 April 2022 and Stella's Notice of Motion filed 12 April 2022. 4. I have now received submissions in relation to those matters.