Everts v Liepins (No 2) [2022] NSWSC 1598

Supreme Court New South Wales

Medium Neutral Citation: Everts v Liepins (No 2) [2022] NSWSC 1598 Hearing dates: 17 November 2022 Date of orders: 17 November 2022 Decision date: 17 November 2022 Jurisdiction: Equity Before: Hallen J Decision: The Court orders: (1) As the applicant has succeeded to the extent possible, the respondent to pay, personally, the applicant's costs of the notice of motion filed on 12 April 2022. For the avoidance of any doubt, to the extent that the applicant's costs, or any part thereof, are paid by the respondent out of the estate of the deceased, the respondent is ordered to reimburse the estate for those costs. (2) There be no order as to the respondent's costs relating to resisting the applicant's notice of motion, of complying with the orders (such as have been complied with) entered on 15 July 2022 and updated on 21 July 2022 or otherwise in complying with these orders. (3) These orders, as entered, together with a copy of these reasons for the orders made, should be served on the respondent within three working days of the orders being entered and the reasons for judgment being received by the applicant's solicitors. Catchwords: COSTS — SUCCESSION – Costs of notice of motion sought against executor who has not distributed the estate of the deceased – Failure by executor to comply fully with orders of the Court – Failure to appear at hearing of the notice of motion – No general issue of principle Legislation Cited: Civil Procedure Act 2005 (NSW) s 98(1) Cases Cited: Everts v Liepins [2022] NSWSC 1021 Category: Costs Parties: Bernt Everts (Applicant) Juris Liepins (Respondent) Representation: Counsel: T Maltz (Applicant)