NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Morgan v Black (No 2) [2023] NSWSC 1158 Hearing dates: On the papers Date of orders: 26 September 2023 Decision date: 26 September 2023 Jurisdiction: Equity - Family Provision List Before: Nixon J Decision: Order that the Plaintiff pay the Defendant's costs of the proceedings, as assessed or agreed, on the ordinary basis. Catchwords: COSTS – Costs in family provision cases – General rule that costs follow the event – Greater than usual liberality is exercised in deciding whether to depart from the general rule in family provision claims – Whether the Court should depart from the general rule in the circumstances of this case – Plaintiff to pay the costs of the proceeding on the ordinary basis Legislation Cited: Civil Procedure Act 2005 (NSW) s 98(1) Succession Act 2006 (NSW) s 99(1) Uniform Civil Procedure Rules 2005 (NSW) rr 42.1, 42.20(1) Cases Cited: Chapple v Wilcox [2014] NSWCA 392 Haertsch v Whiteway (No 2) [2020] NSWCA 287 Jvancich v Kennedy (No 2) [2004] NSWCA 397 Morgan v Black [2023] NSWSC 1073 Salmon v Osmond [2015] NSWCA 42 Singer v Berghouse [1993] HCA 35; 67 ALJR 708 Category: Costs Parties: Tara Morgan (Plaintiff) Janette Black (Defendant) Representation: Counsel: K Morrissey (Plaintiff) S Chapple and D Yazdani (Defendant)
Solicitors: AJ Gardiman, Turner Freeman Lawyers (Plaintiff) K Whitley, Bestic Law (Defendant) File Number(s): 2022/237290 Publication restriction: Nil
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