Ludwig v Jeffrey (No. 6) [2022] NSWSC 1440

Supreme Court New South Wales

Medium Neutral Citation: Ludwig v Jeffrey (No. 6) [2022] NSWSC 1440 Hearing dates: In chambers Date of orders: 26 October 2022 Decision date: 26 October 2022 Jurisdiction: Equity Before: Slattery J Decision: Specified gross sum costs order made instead of assessed costs for the additional period of costs under assessment. Orders made authorising the payment out of costs from trust funds held by an independent solicitor. Catchwords: COSTS – trusts and trustees – series of judgments given determining the scope of the indemnity of a trustee – the parties contest the quantification of the indemnity – specified gross sum costs orders made under Civil Procedure Act 2005, s 98(4)(c) instead of assessed costs after the contest – further specified gross sum costs orders sought in respect of a later period. Legislation Cited: Civil Procedure Act 2005, s 98(4)(c) Trustee Act 1925, s 100A Cases Cited: Ludwig v Jeffrey [2019] NSWSC 1550 Ludwig v Jeffrey (No. 2) [2020] NSWSC 1677 Ludwig v Jeffrey (No. 3) [2021] NSWSC 23 Ludwig v Jeffrey (No 4) [2021] NSWCA 256 Ludwig v Jeffrey (No. 5) [2022] NSWSC 497 Category: Consequential orders Parties: First Plaintiff/respondent: Joanne Elizabeth Ludwig Second Plaintiff/respondent: Robert Walter Ludwig Defendant/applicant: Lynton Barrett Jeffrey Representation: Counsel: Defendant/applicant: C.T. Ensor

Solicitors: Plaintiffs/respondents: David Shad, Shad Partners Defendant/applicant: John Michael Whitfield, Whitfields Solicitors File Number(s): 2018/145933 Publication restriction: No.