Brock v Foord [2003] NSWSC 1125

New South Wales Supreme Court

CITATION : Brock v Foord [2003] NSWSC 1125 HEARING DATE(S) : Tuesday, 16 September 2003 JUDGMENT DATE : 2 December 2003 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin DECISION : (1) I order that the Defendant pay the costs of the Plaintiffs of the proceedings after 29 November 2001, such costs to be on the indemnity basis; (2) I order that the Defendant pay the remuneration and the costs of Kevin Richard Shirlaw, including any legal costs as administrator of the estate of the late Joyce Isabel Holyhead ("the Deceased"); (3) I order that the Defendant pay the costs of the Plaintiffs of the notice of motion filed by the Plaintiffs on 1 August 2003; (4) I order that the notice of motion filed by the Defendant on 10 February 2003 be dismissed.

CATCHWORDS : Costs - Probate - Refusal of Defendant, an executor, to join with Plaintiffs, other executors, in an application for probate - Complaints by Defendant against conduct of First Plaintiff - Appointment of administrator - Conduct of First Plaintiff exonerated by administrator - Indemnity costs. Cultus Petroleum NL v OMV Australia Pty Limited BC 9902283; [1999] NSWSC 435 CASES CITED : Fountain Selected Meats (Sales) Pty Limited v International Produce Merchants Pty Limited (1988) 81 ALR 397 Oshlack v Richmond River Council (1998) 193 CLR 92 Wentworth v Rogers BC 9907174; [1999] NSWCA 403 Adrian Gerald Brock (First Plaintiff) PARTIES : Jennifer Robin Brock (Second Plaintiff) Rosalyn Joy Donohoo (Third Plaintiff) Bronwyn Sue Foord (First Defendant) FILE NUMBER(S) : SC 107681/01 COUNSEL : G. Lindsay SC (Plaintiffs) W. Haffenden (Defendant) SOLICITORS : The Argyle Partnership (Plaintiffs) Kenneally & Co, Solicitors (Defendant)