Dixon v Dixon (No 2) [2022] NSWSC 944

Supreme Court New South Wales

Medium Neutral Citation: Dixon v Dixon (No 2) [2022] NSWSC 944 Hearing dates: 7 June 2022 Date of orders: 15 July 2022 Decision date: 15 July 2022 Jurisdiction: Equity Before: Parker J Decision: See [90] Catchwords: COSTS – estate proceedings – discontinued family provision claim – executor entitled to costs against plaintiff and indemnity out of the estate – successful application for appointment of new trustee of testamentary trust for benefit of plaintiff – plaintiff entitled to costs – trustee's right of indemnity out of the estate – failure to obtain judicial advice – indemnity refused Legislation Cited: Civil Procedure Act 2005, s 76 Trustee Act 1925, ss 6, 59, 63, 70, 85, 93 Uniform Civil Procedure Rules 2005, rr 20.26, 42.25, Pt 54 Cases Cited: Bovaird v Frost [2009] NSWSC 917 Dixon v Dixon [2022] NSWSC 721 Fay v Moramba Services Pty Ltd [2010] NSWSC 725 Free Serbian Orthodox Church Diocese for Australia and New Zealand Property Trust v Bishop Irinej Dobrijevic (No 3) [2017] NSWCA 109 Gatsios Holdings Pty Ltd v Kritharas Holdings Pty Ltd [2002] NSWCA 29 Grizonic v Suttor [2011] NSWSC 471 In re Beddoe [1893] 1 Ch 547 Ludwig v Jeffrey (No 4) [2021] NSWCA 256 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66 Miller v Cameron (1936) 54 CLR 572 Olsen v James [2020] NSWSC 1015 Wales v Wales [2014] VSCA 101 Category: Principal judgment Parties: Lois Ruth Dixon (Plaintiff) James Robert Dixon (First Defendant) Eunice Helen Morgan (Second Defendant) Representation: Counsel: AM Combe (Plaintiff) C Birtles (Defendants)