Grant v Grant; Grant v Grant (No. 6) [2022] NSWSC 714

Supreme Court New South Wales

Medium Neutral Citation: Grant v Grant; Grant v Grant (No. 6) [2022] NSWSC 714 Hearing dates: 14 September 2022 and 25 October 2022 Date of orders: 28 October 2022 Decision date: 28 October 2022 Jurisdiction: Equity Before: Slattery J Decision: Additional specified lump sum costs order made in respect of the plaintiff's costs up to 10 June 2022. Equitable compensation awarded in favour of the estate against the second defendant in the sum of $83,200 in respect of the occupation of estate property. Judgment for other expenses given. Directions made for the calculation of interest. Catchwords: COSTS – gross sum costs order – Civil Procedure Act 2005, s 98(4)(c) – specified gross sum costs orders already made in long running and strongly contested proceedings among family members in relation to the estate of a deceased parent – specified gross sum costs order already made in respect of period up to 4 April 2022 not quantified – additional claim for a specified gross sum instead of assessed costs in respect of the period 4 April 2022 to 10 June 2022 and quantification – whether additional specified gross sum costs orders should be made. EQUITABLE COMPENSATION – constructive trusts – calculation of quantum of equitable compensation – finding that property held on constructive trust for the benefit of an elderly person and after his death his estate – property transferred into the name of the second defendant during the deceased's lifetime and Court determines that the second defendant holds the property on constructive trust for the elderly plaintiff and later his estate – second defendant grants life estate of the property to the first defendant – first defendant occupies the property – what measure of equitable compensation should be paid for depriving the deceased and his estate of the use of the property – calculation of the quantum of appropriate equitable compensation. CIVIL PROCEDURE – stay of proceedings – judgment entered in favour of the plaintiff in respect of costs and equitable compensation – plaintiff is a special administrator of the estate of the deceased – plaintiff is named executor in the last will of the deceased in 2018 – second defendant is beneficiary under prior will in 2012 – second defendant seeks stay of judgment for costs and equitable compensation – whether a stay should be granted pending determination of related probate proceedings challenging the 2018 will and seeking to propound for admission to probate the 2012 will. Legislation Cited: Civil Procedure Act 2005, s 98(4)(c) Cases Cited: 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 Grant v Grant; Grant v Grant (No. 5) [2022] NSWSC 773 Category: Consequential orders Parties: In proceedings 2017/316190 ("the estate recovery proceedings"):