Mikan v Velcic (No 2) [2011] NSWSC 505

Supreme Court New South Wales

Medium Neutral Citation: Mikan v Velcic (No 2) [2011] NSWSC 505 Hearing dates: 20 May 2011 Decision date: 03 June 2011 Jurisdiction: Equity Division Before: Hallen AsJ Decision: (a) No order as to the Plaintiff's costs, to the intent that she will pay her own costs of the proceedings; (b) The costs of the Defendant of the proceedings, calculated on the indemnity basis, are to be paid out of the estate of the deceased. (c) Exhibits and Court Books to be returned. Catchwords: Order dismissing the Plaintiff's proceedings - On behalf of the Plaintiff, submitted that her costs should be paid out of the estate Defendant seeks costs of the proceedings payable by the Plaintiff - it is submitted that she should pay the Defendant's costs of the proceedings, in part calculated on the indemnity basis - Difference between costs of the proceedings and costs of obtaining administration Legislation Cited: Civil Procedure Act 2005 Family Provision Act 1982 Succession Act 2005 Cases Cited: Australiawide Airlines Limited t/as Regional Express v Aspirion Pty Limited [2006] NSWCA 365 Bartkus v Bartkus [2010] NSWSC 889 Bodman, Re [1972] Qd R 281 Carey v Robson (No 2) [2009] NSWSC 1199 Dobb v Hacket (1993) 10 WAR 532 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 234 CLR 52 Forsyth v Sinclair (No 2) [2010] VSCA 195 Jvancich v Kennedy (No 2) [2004] NSWCA 397 Lillis v Lillis [2010] NSWSC 359 Luxmore Pty Ltd v Hydedale Pty Ltd [2008] VSCA 212; (2008) 20 VR 481 McCusker v Rutter [2010] NSWCA 318 McDougall v Rogers; Estate of James Rogers; [2006] NSWSC 484 Mikan v Velcic [2011] NSWSC 251 Moussa v Moussa [2006] NSWSC 509 Shearer v The Public Trustee (Supreme Court of NSW, 21 April 1998, unreported) Singer v Berghouse [1993] HCA 35; (1993) 114 ALR 521 Sitch, Re [2005] VSC 383 Category: Principal judgment Parties: Ivanka Mikan (Plaintiff) Nikola Velcic (Defendant) Representation: Solicitors: Hancock Aldis & Roskov (Plaintiff) Nikola Velcic & Associates (Defendant) File Number(s): 2007/254044