Re Estate Late Hazel Ruby Grounds; Page v Sedawie [2005] NSWSC 1311

New South Wales Supreme Court

Re Estate Late Hazel Ruby Grounds; Page v Sedawie [2005] NSWSC 1311 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 17 October 2005

JUDGMENT DATE : 16 December 2005

Equity JURISDICTION : Probate List

JUDGMENT OF : Campbell J

DECISION : Costs of both parties out of estate

CATCHWORDS : SUCCESSION – Wills, probate and administration – costs of probate action when all questions in probate settled except costs – costs of a part of litigation in which parties contest validity of two wills both of which parties eventually accept are invalid – factors influencing costs in probate actions – importance of role of a party, as being plaintiff or defendant, in assessing costs in probate actions

In the Estate of Osment; Child v Osment [1914] P 129 Headington v Holloway (1830) 3 Hag Ecc 280 Harrington v Butt [1905] P 3 n CASES CITED : In the Estate of Hodges; Shorter v Hodges (1988) 14 NSWLR 698 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Perpetual Trustee v Baker [1999] NSWCA 244 Shorten v Shorten (No 2) [2003] NSWCA 60

Clarence Page - First Plaintiff Fay Page - Second Plaintiff Noel Phillip Sedawie - First Defendant PARTIES : Susan Gail Wilson - Second Defendant Mavis Robertson by her tutor Dale Forsythe Robertson - Third Defendant

FILE NUMBER(S) : SC 118153/01

J E Armfield - Plaintiffs COUNSEL : M S Willmott SC - Defendants