Gorman v Gorman [2004] NSWSC 741

New South Wales Supreme Court

CITATION : Gorman v Gorman [2004] NSWSC 741 05/04/04, 06/04/04, 07/04/04 HEARING DATE(S) : Written submissions ordered Judgment reserved: 28/04/04 JUDGMENT DATE : 17 August 2004 JURISDICTION: Equity Division JUDGMENT OF : Barrett J DECISION : Appeals of first and second defendants against decision of Acting Master allowed. Cross-appeal of plaintiff dismissed. Costs orders of Acting Master set aside. In lieu, order that first and second defendants as executors have costs out of estate; and no order as to costs of plaintiff

CATCHWORDS : PROCEDURE - costs - appeal from Acting Master where no substantive orders were made and the only matter in contention was costs - defendants executors to whom Part 52A rule 42 applied - no evidence to warrant Acting Master's findings of unreasonable conduct LEGISLATION CITED : Supreme Court Act 1970 ss.75A, 76(1) Supreme Court Rules Part 52A rule 42, Part 60 rule 10 Do Carmo v Ford Excavations Pty Ltd [1981] 1 NSWLR 409 Gorman v Gorman; Estate late Jeanette Mary Gorman [2003] NSWSC 647 CASES CITED : House v The King (1936) 55 CLR 499 Re Minister for Immigaration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Ross v Internet Wines Pty Ltd [2004] NSWCA 195 John Justin Gorman - Plaintiff PARTIES : John Patrick Gorman - First Defendant Lisa Bernadette McGuire - Second Defendant FILE NUMBER(S) : SC 2862/00 Mr M S Willmott SC - Plaintiff COUNSEL : Mr T G R Parker - First Defendant Mr C F Hodgson - Second Defendant Turnbull Hill Lawyers - Plaintiff SOLICITORS : Maurice Blackburn Cashman Lawyers - First Defendant Nagle & McGuire - Second Defendant