NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Wilson v Wright; Wilson v Wright (No 2) [2024] NSWSC 616 Hearing dates: On the papers Date of orders: 23 May 2024 Decision date: 23 May 2024 Jurisdiction: Equity Before: Hmelnitsky J Decision: (1) The defendant's costs to be paid out of the Estate on the indemnity basis. (2) The defendant to pay $66,000 to the plaintiffs on account of their costs, such funds to be paid from the Estate. Catchwords: COSTS — Party/Party — Payable out of a fund — Deceased estate — whether costs-capping order should be made — whether gross sum costs order should be made Legislation Cited: Civil Procedure Act s 98 Uniform Civil Procedure Rules 2005 (NSW) r 42.4 Cases Cited: Baychek v Baychek [2010] NSWSC 987 Beau Timothy John Hartnett trading as Hartnett Lawyers v Anthony Robert Bell as Executor of the Estate of the late Mabel Dawn Deakin-Bell (No 2) [2023] NSWCA 311 Haertsch v Whiteway (No 2) [2020] NSWCA 287 Hamod v New South Wales [2011] NSWCA 375 Salmon v Osmond [2015] NSWCA 42 Wilson v Wright; Wilson v Wright [2024] NSWSC 519 Category: Costs Parties: In proceeding 2023/253014:
Kyle Thomas Wilson (Plaintiff) Debra Agnes Wright (Defendant)
In proceeding 2023/253014:
Kimberley Renee Wilson (Plaintiff) Debra Agnes Wright (Defendant) Representation: Counsel:
D Flaherty (Plaintiffs) R Tregenza (Defendant)
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