Rutter v McCusker [No 2] [2009] NSWSC 71

New South Wales Supreme Court

CITATION : Rutter v McCusker [No 2] [2009] NSWSC 71

HEARING DATE(S) : 3 November 2008

JUDGMENT DATE : 20 February 2009

JUDGMENT OF : McLaughlin AsJ

3119 of 2005 ALEXANDRA FLORENCE MARGARET RUTTER –v- ANNE MAIRE McCUSKER and ORS [No 2] 1. I make no order as to costs, to the intent that each party will bear her or his own costs of the proceedings. 2. I order that the Defendant Anne Maire McCusker not be entitled to resort to the estate of the late Barry Rutter ("the Deceased") for the payment of any costs incurred by her in the proceedings, and that, to the extent that she has already used any of the assets of the estate for payment of such costs, she reimburse the estate to that extent. DECISION : 3. The exhibits may be returned. 2138 of 2006 DAVID ANDREW RUTTER and ANOR –v- ANNE MAIRE McCUSKER [No 2] 1. I make no order as to costs, to the intent that each party will bear her, his or its own costs of the proceedings. 2. I order that the Defendant Anne Maire McCusker not be entitled to resort to the estate of the late Barry Rutter ("the Deceased") for the payment of any costs incurred by her in the proceedings, and that, to the extent that she has already used any of the assets of the estate for payment of such costs, she reimburse the estate to that extent. 3. The exhibits may be returned.

CATCHWORDS : COSTS - succession - family provision - claims by three adult children - each claim unsuccessful - whether costs should be ordered against any unsuccessful Plaintiff - whether the executor is entitled to look to estate for her costs - conduct of executor

Uniform Civil Procedure Rules LEGISLATION CITED : Family Provision Act 1982 Corporations Act 2001 (Cth)