Christopherson v Wright; Christopherson v Wright [2024] NSWSC 1327

Supreme Court New South Wales

Medium Neutral Citation: Christopherson v Wright; Christopherson v Wright [2024] NSWSC 1327 Hearing dates: On the papers, last submissions received 27 September 2024 Date of orders: 22 October 2024 Decision date: 22 October 2024 Jurisdiction: Equity Before: Pike J Decision: In proceedings 2023/00057341 (1) Provision to be made for the plaintiff out of the Deceased's estate in the amount of $300,000. (2) Plaintiff's costs be paid out of the Deceased's estate on the ordinary basis. (3) Defendant's costs be paid out of the Deceased's estate on the indemnity basis. In proceedings 2023/00094925 (1) First plaintiff's claim dismissed. (2) First plaintiff to pay the defendants' costs of the first plaintiff's claim. (3) Second plaintiff's claim dismissed. (4) Second plaintiff to pay the first defendant's costs of the second plaintiff's claim. (5) First defendant's costs to be paid out of the Deceased's estate on the indemnity basis. Catchwords: COSTS – costs order – two related family provision proceedings heard together – where plaintiff in one proceedings was successful and plaintiffs in other proceedings were unsuccessful – where successful plaintiff has agreed orders – where unsuccessful plaintiffs seek to make submissions on orders in other proceedings – where 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" – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 Uniform Civil Procedure Rules 2005 (NSW) rr 20.26 and 36.17 Succession Act 2006 (NSW) s 66 Cases Cited: Bradley v Irvine; Irvine v Irvine (No 2) [2024] NSWSC 931 Christopherson v Wright; Christopherson v Wright [2024] NSWSC 1144 Haertsch v Whiteway (No 2) [2020] NSWCA 287 Texts Cited: Nil Category: Costs Parties: In proceedings 2023/00057431 Shane Christopherson (Plaintiff) Sharon Ann Wright (Defendant)