Bradley v Irvine; Irvine v Irvine (No 2) [2024] NSWSC 931

Supreme Court New South Wales

Medium Neutral Citation: Bradley v Irvine; Irvine v Irvine (No 2) [2024] NSWSC 931 Hearing dates: On the papers, last submissions received 8 July 2024 Date of orders: 31 July 2024 Decision date: 31 July 2024 Jurisdiction: Equity Before: Pike J Decision: See [54] and [55] Catchwords: COSTS – costs order – two related family provision proceedings heard together – where plaintiffs in one proceedings were unsuccessful and plaintiff in other proceedings was successful – where several Offers of Compromise served to unsuccessful plaintiffs prior to hearing and rejected – onus on unsuccessful plaintiffs to persuade the Court that the overall justice of the case requires the exercise of the Court's discretion to "otherwise order" – whether unsuccessful plaintiffs should be ordered to pay successful plaintiff's costs in whole or in part – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Probate and Administration Act 1898 (NSW), s 84A Succession Act 2006 (NSW), Ch 3 Trustee Act 1925 (NSW), s 42 Uniform Civil Procedure Rules 2005 (NSW), r 42.15A Cases Cited: Barrass v Kaine [1999] NSWSC 245 Bates v Cooke (No 2) [2014] NSWSC 1322 Doshen v Pedisich [2013] NSWSC 1507 Estate Gooley, Deceased [2022] NSWSC 734 Haertsch v Whiteway (No 2) [2020] NSWCA 287 Jones v Smith [2016] VSCA 178 Rada v Smith [2024] NSWSC 273 Rogers v Rogers [2018] NSWSC 1982 Watton v Mac Taggart [2020] NSWSC 1233 Wilson v Wright; Wilson v Wright [2024] NSWSC 519 Texts Cited: Nil Category: Costs Parties: In proceedings 2021/314246: