Chalik v Chalik [2024] NSWSC 995

Supreme Court New South Wales

Medium Neutral Citation: Chalik v Chalik [2024] NSWSC 995 Hearing dates: On the papers Date of orders: 9 August 2024 Decision date: 09 August 2024 Jurisdiction: Equity Before: Slattery J Decision: Order made varying the orders for costs in the principal judgment. Plaintiff ordered to pay the defendant's costs of the proceedings, but a gross sum fixed instead of assessed costs and limited in the amount of $40,000. Catchwords: COSTS – Party/Party — Payable out of a fund — Deceased estate – Calderbank letters – gross sum costs order – testator dies leaving two sons, the plaintiff and the defendant – principal judgment in the probate proceedings dismisses the plaintiff's claim to have admitted to probate the testator's later will, giving the whole of her estate to the plaintiff – the court admits to probate the earlier will dividing the estate between the plaintiff and the defendant – separate Calderbank and UCPR r 20.26 letters issued by the defendant – the principal judgment orders that the parties bear their own costs – defendant applies to vary costs orders on the basis the plaintiff had failed on all issues – whether the Calderbank letter offer effective – whether the UCPR r 20.26 offer of compromise effective – whether the Court should make a gross sum costs order or otherwise limit the costs payable to give effect to the Calderbank letter or the offer of compromise. CIVIL PROCEDURE — expert evidence – comments in relation to the need for prompt payment of court-appointed experts – consideration of how a party who has not paid a court expert should be required to pay that expert – consideration of how compensation for the expert should be measured. Legislation Cited: Civil Procedure Act 2005, ss 98(1), (4)(c), 100 Succession Act 2006, s 59 Uniform Civil Procedure Rules, r 20.26 Cases Cited: Arnott v Choy (No. 2) [2010] NSWCA 285 Bassett v Bassett [2021] NSWCA 320 Chalik v Chalik [2023] NSWSC 117 Chaina v Alvaro Homes Pty Ltd [2008] NSWCA 353 Coss v Norman (No 2) NSWSC 1490 Evans of Robb Evans & Associates v European Bank Ltd (No 2) [2009] NSWCA 170 Evans Shire Council v Richardson (No 2) [2006] NSWCA 61 Hancock v Arnold; Dodd v Arnold (No 2) [2009] NSWCA 19 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No. 2) (2005) 13 VR 435; [2005] VSCA 298 King Network Group Pty Ltd v Club of the Clubs Pty Ltd (No. 2) [2009] NSWSC 8204 Miwa Pty Ltd v Siantan Properties Pte Ltd (No. 2) [2011] NSWCA 344 Singer v Berghouse (1994) 181 CLR 201; [1994] HCA 40 The Anderson Group Pty Ltd v Tynan Motors Pty Ltd (No 2) [2006] 67 NSWLR 706; [2006] NSWCA 120 Walker v Harwood [2017] NSWCA 228 Category: Costs Parties: Igor Chalik (Applicant) Gregory Roman Chalik (First Respondent) Monika Ross-Maranik (Second Respondent) Christopher Adamson (Third Respondent) Representation: Counsel: Mr N Allan (Applicant) Mr G Chalik (First Respondent: Self-Represented)