Baumanis bht Baumanis v Brennan (No 2) [2024] NSWSC 843

Supreme Court New South Wales

Medium Neutral Citation: Baumanis bht Baumanis v Brennan (No 2) [2024] NSWSC 843 Hearing dates: On the papers Date of orders: 11 July 2024 Decision date: 11 July 2024 Jurisdiction: Equity Before: Hmelnitsky J Decision: (1) Vary order 9 made on 5 June 2024 to read: "Order that plaintiffs' costs on the ordinary basis as agreed or assessed be paid out of the notional estate of the late William John Baumanis, save that the plaintiffs' costs of the hearing on 25 March 2024 are to be paid on the indemnity basis" (2) Note that no administrator will be appointed to realise the notional estate with the intent that the plaintiffs receive their legacies from funds to be paid into the trust account of Glass Goodwin pursuant to the orders made on 2 July 2024; and (3) Grant liberty to restore the matter on 24 hours' notice via email to my Associate. Catchwords: COSTS — Party/Party — Payable out of a fund — Deceased estate — where indemnity costs sought following delinquency in defendant's carriage of the case — whether indemnity costs should be ordered — no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 98 Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: Bassett v Cameron (No 2) [2021] NSWSC 419 Baumanis bht Baumanis v Brennan [2024] NSWSC 681 Haertsch v Whiteway (No 2) [2020] NSWCA 287 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Salmon v Osmond [2015] NSWCA 42 White v Overland [2001] FCA 1333 Category: Costs Parties: Corey John Baumanis by his tutor Sharon Jane Baumanis (First Plaintiff) Jacinta Hope Baumanis (Second Plaintiff) Nikolai Albert Baumanis (Third Plaintiff) Dustin William Baumanis by his tutor Steven Crichton (Fourth Plaintif) Taylor Lynn Brennan (Defendant) Representation: Counsel: