Wild v Meduri & Ors; Meduri & Anor v Neal & Anor; Meduri v Meduri & Ors No 2 [2023] NSWSC 669

Supreme Court New South Wales

Medium Neutral Citation: Wild v Meduri & Ors; Meduri & Anor v Neal & Anor; Meduri v Meduri & Ors No 2 [2023] NSWSC 669 Hearing dates: 10 May 2023 Date of orders: 20 June 2023 Decision date: 20 June 2023 Jurisdiction: Equity Before: Hallen J Decision: See paragraph [75] Catchwords: SUCCESSION – COSTS – Probate, trust claim, and family provision claims determined in dispute between siblings – In the allocation of costs, by reference to the issues, parties agree that costs are incurred in different proportions – No agreement regarding how costs should be borne – In probate claim, in which Cross-Claimants successful, whether circumstances reasonably warranted investigation and whether the litigation caused by the conduct of the deceased – Trust claim made in the alternative to Probate claim and as the Cross-Claimants successful, in Probate claim, will be dismissed - Family provision claim, by two Plaintiffs who brought trust claim, in the circumstances, will also be dismissed – The Plaintiff's Probate claim and her defence of the trust claim and family provision claim, if successful would have benefitted other siblings – Relevance in circumstances where the Plaintiff did not seek any indemnity from those beneficiaries whose interests would have increased and who, otherwise, did not participate in the proceedings (other than as a witness) Legislation Cited: Civil Procedure Act 2005 (NSW) s 77(3) Succession Act 2006 (NSW) s 59 Cases Cited: Bassett v Bassett [2021] NSWCA 320 Brady v Mikan (No 2) [2022] NSWSC 1320 Calderbank v Calderbank [1975] 3 All ER 333 Commonwealth of Australia v Gretton [2008] NSWCA 117 Coregas Pty Limited v Penford Australia Pty Limited (No 2) [2013] NSWCA 11 County Securities Pty Ltd v Challenger Group Holdings Pty Ltd (No 2) [2008] NSWCA 273 Evans Shire Council v Richardson (No 2) [2006] NSWCA 61 Evans v Braddock (No 2) [2015] NSWSC 518 Girardi as trustee for The Superannuation Fund – Greengate Investments v Duncum [2021] NSWSC 1138 Herning v GWS Machinery Pty Ltd (No 2) [2005] NSWCA 375 Hunter v Roberts (No 2) [2019] NSWCA 235 Jones v Bradley (No 2) [2003] NSWCA 258 Leichhardt Municipal Council v Green [2004] NSWCA 341 McGarry v Murphy [2021] NICh 21 Mitchell and Mitchell v Gard and Kingwell (1863) 3 Sw & Tr 275; (1863) 164 ER 1280 Re Cutcliffe's Estate [1959] P 6 Re Estate late Hazel Ruby Grounds; Page v Sedawie [2005] NSWSC 1311 Re Hodges: Shorter v Hodges (1988) 14 NSWLR 698 Smith v Jones (No 4) [2022] NSWSC 1715 Spiers v English [1907] P 122 Starr v Miller [2022] NSWCA 46 Starr v Miller; Starr v Miller (No 2) [2021] NSWSC 685 The Anderson Group Pty Ltd v Tynan Motors Pty Ltd (No 2) [2006] NSWCA 120; (2006) 67 NSWLR 706 Trustee for the Salvation Army (NSW) Property Trust v Becker (No 2) [2007] NSWCA 194 Walker v Harwood [2017] NSWCA 228 Wild v Meduri & Ors; Meduri & Anor v Neal & Anor; Meduri v Meduri & Ors [2023] NSWSC 113 Ying v Song [2011] NSWSC 618 Category: Costs Parties: 2020/239852: Rose Marie Wild (Plaintiff) Dominic Meduri (first Defendant) John Meduri (second Defendant) Richard John Neal (third Defendant)