Grant v Grant; Grant v Grant (No. 5) [2022] NSWSC 773

Supreme Court New South Wales

Medium Neutral Citation: Grant v Grant; Grant v Grant (No. 5) [2022] NSWSC 773 Hearing dates: 10 June 2022 Date of orders: 10 June 2022 Decision date: 10 June 2022 Jurisdiction: Equity Before: Slattery J Decision: Specified gross sum costs order made. Directions given for the provision of calculations of a specified gross sum in accordance with the Court's reasons as to the methodology to be used. Catchwords: COSTS – gross sum costs order – Civil Procedure Act 2005, s 98(4)(c) – long running and strongly contested proceedings among family members in relation to the estate of a deceased parent – claim made by the legal representative of the estate for the recovery of estate property from two family members – claim for further provision out of the estate made by one family member against the estate – orders made in favour of the estate against two family members for the recovery of estate property – claim by one family member against the estate for further provision dismissed – indemnity costs orders made in favour of the estate against the unsuccessful other family members – appeal from these orders is dismissed – proceedings remitted to the trial judge for the making of final orders in relation to costs – application made for a specified gross sum instead of assessed costs under Civil Procedure Act 2005, s 98(4)(c) – whether a costs assessment likely to be protracted – whether a specified gross sum costs order should be made. Legislation Cited: Bankruptcy Act 1966, ss 57 and 58 Civil Procedure Act 2005, s 98(4)(c) Cases Cited: Beach Petroleum NL v Johnson (No 2) [1995] 57 SCR 119 Grant v Grant [2021] NSWCA 181 Grant v Grant; Grant v Grant (No 2) [2020] NSWSC 1288 Grant v Grant; Grant v Grant (No 3) [2021] NSWSC 1 Grant v Grant; Grant v Grant (No. 4) [2022] NSWSC 106 Bahamad v Wong (No. 2) [2020] NSWSC 1320 Category: Consequential orders Parties: In proceedings 2017/316190 ("the estate recovery proceedings"):