Kordovoulos v Dixon-Hughes [2022] NSWCA 110

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kordovoulos v Dixon-Hughes [2022] NSWCA 110 Hearing dates: 16 June 2022 Date of orders: 30 June 2022 Decision date: 30 June 2022 Before: Mitchelmore JA Decision: (1) Pursuant to UCPR rule 51.50(1), the appellants are to provide within 14 days security in the sum of $25,000 for the first respondent's costs of the appeal either by payment of that amount into Court or in such other form as the appellants and respondents may agree in writing before that time expires. (2) Stay these proceedings until the appellants have provided security for the first respondent's costs of the appeal in accordance with Order 1. (3) Order that the appellants pay the respondents' costs of the application. (4) List the proceedings before the Registrar on 20 July 2022 for directions. Catchwords: APPEAL – representation of deceased estate – where interest of estate in the outcome of the appeal – where probate not to be applied for – appropriate for sole beneficiary under the will to be appointed to represent the estate APPEAL – security for costs – where security for costs sought against individual appellants – whether special circumstances existed warranting the grant of security for costs – special circumstances found Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rules 7.10 51.16, 51.37, 51.50 Cases Cited: Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 Binetter (as the Representative of the Estate of the Late Ida Wolff) v Binetter [2020] NSWSC 552 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Johnson v Mackinnon [2021] NSWCA 152 Lee v Lee (2019) 266 CLR 129; [2019] HCA 28 Longjing Pty Ltd v Perpetual Nominees Ltd [2017] NSWSC 1690 Mr D v Ms P [2020] NSWCA 174 Murray John Carter v Ian Mehmet t/as ATF Ian G Mehmet Testamentary Trust [2021] NSWCA 32 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Tait v Bindal People [2002] FCA 322 Tran v The Commonwealth [2009] FCA 921 Tyneside Management Pty Ltd v Hammersmith Management Pty Ltd [2013] NSWCA 404 Category: Procedural rulings Parties: Vicki Kordovoulos (First Appellant/Respondent on the motion) Vicki Kordovoulos as representative of the Estate of John Kordovoulos (Second Appellant/Respondent on the motion) Ramonda Dixon-Hughes (First Respondent/Applicant on the motion) Mario Kordovoulos as the Executor of the Estate of Yvette Kordovoulos (Second Respondent/Applicant on the motion) Representation: Counsel: M Condon SC (Respondents/Applicants on the motion) D Eardley (Appellants/Respondents on the motion)