NSW Trustee & Guardian v Hull & Anor (No 2) [2011] NSWSC 1361

Supreme Court New South Wales

Medium Neutral Citation: NSW Trustee & Guardian v Hull & Anor (No 2) [2011] NSWSC 1361 Hearing dates: 10 November 2011 Decision date: 10 November 2011 Jurisdiction: Equity Division Before: Hallen AsJ Decision: 1. Order that the costs of the Plaintiff and of the second Defendant, each calculated on the indemnity basis, be paid out of the estate of the deceased. 2. Make no order as to the costs of the first Defendant, to the intent that he shall pay his own costs of the proceedings. Catchwords: To determine who should pay the costs of administration proceedings where issue was whether first Defendant is father of the deceased - No dispute there should be an order that the Plaintiff and the second Defendant should receive its, and his, costs of the proceedings, in each case, such costs to be calculated on the indemnity basis - Only issue is whether the first Defendant should receive his costs of the proceedings, calculated on that, or some other, basis, whether he should pay the costs of the Plaintiff and the second Defendant or whether some other order ought to be made Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Allen v Attorney General (1914) 15 SR (NSW) 41 Buckton, In re [1907] 2 Ch 406 Crawford v McIntosh [2004] NSWSC 180 Gonzales v Claridades [2003] NSWSC 508; (2003) 58 NSWLR 188 Hall-Dare, In re [1916] 1 Ch 272 Kazar (Liquidator) v Kargarian; In the Matter of Frontier Architects Pty Ltd (In Liq) [2011] FCAFC 136 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Murdocca v Murdocca (No 2) [2002] NSWSC 505 NSW Trustee & Guardian v Hull & Anor [2011] NSWSC 1106 Ohn v Walton (1995) 36 NSWLR 77 Plant, Re [1926] P 139 Read v Dubua (1936) 36 SR (NSW) 508 Sheil v Doneley (1903) 3 SR (NSW) 60 Wood v Inglis (Costs) [2009] NSWSC 900 Texts Cited: Williams, Mortimer & Sunnucks, Executors, Administrators & Probate, 19th Ed (2007) Category: Principal judgment Parties: NSW Trustee & Guardian (Plaintiff) Lance Hull (first Defendant) David Wayne Smith (second Defendant) Representation: Counsel: Mr J Anderson (first Defendant) Mr A L Hill (second Defendant) Solicitors: NSW Trustee & Guardian (Plaintiff) Farrell Lusher (first Defendant) Bartier Perry (second Defendant) File Number(s): 2011/52466