The Estate of Maureen Laila Huber of Cobra VIC,; The Estate of Dolf Paul Huber (No.4) [2022] NSWSC 1082

Supreme Court New South Wales

Medium Neutral Citation: The Estate of Maureen Laila Huber of Cobra VIC,; The Estate of Dolf Paul Huber (No.4) [2022] NSWSC 1082 Hearing dates: 9 & 17 March, 26 April and 6 July 2022 Date of orders: 12 August 2022 Decision date: 12 August 2022 Jurisdiction: Equity Before: Slattery J Decision: Orders made for the indemnification of the executors in respect of additional administration charges for the period from 7 March 2015 up to 8 October 2018 and for legal fees and disbursements from 18 June 2021 until the conclusion of the proceedings. Liberty to apply granted to the parties to approach the Court to make orders in chambers for and associated with the retirement of the executors from their roles as executors of the estates. Catchwords: COSTS – lengthy estate administration – review of Registrar's decision under Uniform Civil Procedure Rules 2005, r 49.19 – claim for executors' commission – the Registrar awards commission under Probate and Administration Act 1898 – the beneficiaries allege maladministration of two estates by the executors – Registrar's decision upheld and various costs orders, including a specified gross sum costs order, made against the beneficiaries in three prior judgments of the Court – two groups of general issues remain: (1) whether the executors are entitled to any additional administration costs incurred between 17 March 2015 and 8 October 2018 and if so, in what sum should those costs be quantified; and (2) what order should be made to indemnify the executors as to costs of this litigation since 17 June 2021 up to and including the conclusion of the proceedings. Legislation Cited: Civil Procedure Act 2005 ss 56, 57, 98(4)(c) Probate and Administration Act 1898, s 86 Uniform Civil Procedure Rules 2005, r 49.19 Cases Cited: Foord v Brock [2005] NSWCA 156 Shave v Shave, Re; Estate of Shave (2011) 5 ASTLR 320 The Estate of Maureen Leila Huber; the Estate of Dolf Paul Huber [2020] NSWSC 1539 The Estate of Maureen Laila Huber of Cobra VIC, The Estate of Dolf Paul Huber (No.2) [2021] NSWSC 187 The Estate of Maureen Laila Huber of Cobra VIC, The Estate of Dolf Paul Huber (No.3) [2021] NSWSC 1703 Category: Consequential orders Parties: First Plaintiff: Denzil Bruce Govett Second Plaintiff: David Corbo