The Estate of Daniele Claudio Legler (No 2) [2024] NSWSC 908

Supreme Court New South Wales

Medium Neutral Citation: The Estate of Daniele Claudio Legler (No 2) [2024] NSWSC 908 Hearing dates: On the papers, last submissions received 8 July 2024 Date of orders: 25 July 2024 Decision date: 25 July 2024 Jurisdiction: Equity Before: Pike J Decision: (1) Declare that the Plaintiff was the spouse of Daniele Claudio Legler (the Deceased) at the date of his death, being 22 April 2022, within the meaning of s 104 of the Succession Act 2006 (NSW). (2) Declare that the Deceased was domiciled in Portugal at the date of his death. (3) Order that Letters of Administration in the estate of the late Daniele Claudio Legler be granted to Peter Jackson, solicitor, in solemn form. (4) Order that these proceedings be remitted to the Probate Registrar to complete the grant. (5) Order that the statement of claim filed 3 February 2023 is otherwise dismissed. (6) Order that the amended statement of cross-claim filed 6 May 2024 is otherwise dismissed. (7) Order that there be no order as to costs, to the intent that each party pay their own costs of the proceedings. (8) Order that there be liberty to apply on 3 days' notice. Catchwords: PRACTICE AND PROCEDURE – costs – determination of final orders – practice and procedure – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Succession Act 2006 (NSW), s 104 Supreme Court Act 1970 (NSW), s 75 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 Tomanovic v Global Mortgage Equity Corp Pty Ltd (No 2) (2011) 288 ALR 385; [2011] NSWCA 256 Texts Cited: Nil Category: Costs Parties: Evgeniya Legler (Plaintiff) Nadja Legler (Defendant) Representation: Counsel: R Wilson SC (Plaintiff) J J Loofs SC with N Bilinsky (Defendant)