NSW Caselaw
New South Wales Supreme Court
CITATION : Dion v Rieser (No 2) [2010] NSWSC 113
HEARING DATE(S) : In Chambers
JUDGMENT DATE : 24 February 2010
JUDGMENT OF : Bryson AJ at 1
DECISION : (1) The costs of the plaintiff of and incidental to proceedings on the statement of claim relating to the declaratory order may be paid or retained by her out of the assets of the intestate situated in New South Wales. (2) I make no order as to the costs of the defendants with the intent that they pay their own costs.
CATCHWORDS : COSTS – Probate litigation – Issue in application for Letters of Administration – Whether plaintiff was de facto spouse of intestate – Lengthy hearing including overseas witnesses led to finding that she was [2010] NSWSC 50 – Plaintiff sought costs order against defendants (relatives of intestate), defendants sought costs out of estate – Consideration of discretionary factors including contribution of intestate's conduct to difficulties of resolving the issue – Consideration of UCPR 42.1 – Costs order departed from ordinary course in UCPR.
LEGISLATION CITED : Property (Relationships) Act 1984 s4 UCPR 42.1
CATEGORY : Consequential orders
CASES CITED : Dion v Rieser [2010] NSWSC 50
Margaret Anne DION (plaintiff) PARTIES : Nancy Cimarron RIESER (first defendant) Steven Robert RIESER (second defendant) Estate of Richard Davis Rieser
FILE NUMBER(S) : SC 2008/291431
COUNSEL : M B EVANS/ A KETAS (plaintiff) A SCOTTING (defendants)
SOLICITORS : Hungerford Lehmann & Andrews (plaintiff) Teece, Hodgson & Ward (defendants)
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION PROBATE LIST
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