NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Toppi v Toppi (No 2) [2024] NSWSC 1363 Hearing dates: On the papers (last submissions received 11 October 2024) Date of orders: 29 October 2024 Decision date: 29 October 2024 Jurisdiction: Equity - Probate List Before: Pike J Decision: (1) The plaintiff pay, on the ordinary basis, the defendant's costs of the proceedings other than to the extent that they relate solely to a claim for a family provision order. (2) The defendant has liberty to apply, at the conclusion of the proceedings, that the costs payable under order 1, be payable on the indemnity basis. Catchwords: COSTS – interlocutory costs order – costs thrown away by reason of vacation of hearing date and abandonment of claims – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 Uniform Civil Procedure Rules 2005 (NSW) r 42.20 Cases Cited: Mao v Bao (No 3) [2023] NSWSC 261 Medway Oil and Storage Co Ltd v Continental Contractors Ltd [1929] AC 88 Odelli v Gabrielle (No 2) [2024] NSWSC 768 The Estate of Giovanna Toppi [2024] NSWSC 1115 Texts Cited: Nil Category: Costs Parties: Paola Toppi (Plaintiff) Walter Toppi (Defendant) Representation: Counsel: M Pesman SC with N Allan (Plaintiff) M Condon SC with R Bianchi (Defendant)
Solicitors: Beazley Lawyers (Plaintiff) Levitt Robinson Solicitors (Defendant) File Number(s): 2021/00323980 Publication restriction: Nil
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