NSW Caselaw
New South Wales Supreme Court
CITATION : Tobin v Ezekiel - Ezekiel Estate [2008] NSWSC 1108
HEARING DATE(S) : 20 August 2008
JUDGMENT DATE : 23 October 2008
JURISDICTION : Equity Division Probate List
JUDGMENT OF : Palmer J
DECISION : Defendants' motion dismissed with costs.
CATCHWORDS : PRACTICE – COSTS – CASE MANAGEMENT – Parties in family dispute incur grossly excessive legal costs – time for trial and number of witnesses grossly disproportionate to subject matter – duty of Court to ensure that its resources are not disproportionately engaged in one litigation to detriment of other litigants – Court's power to make orders to curb litigious excess.
- Civil Procedure Act 2005 (NSW) – Pt 6 Div 1, s 56, s 57, s 60, s 62 LEGISLATION CITED : - Conveyancing Act 1919 (NSW) – s 153(1) - Family Provision Act 1982 (NSW) – s 7 - Uniform Civil Procedure Rules 2005 (NSW) – 42.4
CATEGORY : Procedural and other rulings
- Botany Bay Instrumentation & Control Pty Ltd v Stewart [1984] 3 NSWLR 98 CASES CITED : - Compsyd Pty Ltd v Streamline Travel Service Pty Ltd (1987) 10 NSWLR 648 - Sherborne Estate (No 2); Vanvalen v Neaves (2005) 65 NSWLR 268, at [21]-[31] ([2005] NSWSC 1003) - Southern Pacific Hotel Services Inc v Southern Pacific Hotel Corporation Ltd [1984] 1 NSWLR 710
Evelyn Tobin (First Plaintiff) PARTIES : Clara Ezekiel (Second Plaintiff) Morris Ezekiel (First Defendant) Albert Ezekiel (Second Defendant)
FILE NUMBER(S) : SC 106746/06
COUNSEL : J.P. Gormly SC (Plaintiffs) P.P. O'Loughlin (Defendants)
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