Petrovski v Nasev; The Estate of Janakievska (No 2) [2011] NSWSC 1474

Supreme Court New South Wales

Medium Neutral Citation: Petrovski v Nasev; The Estate of Janakievska (No 2) [2011] NSWSC 1474 Hearing dates: 28 November 2011 Decision date: 28 November 2011 Jurisdiction: Equity Division - Probate List Before: Hallen AsJ Decision: (a) The Defendant should pay the Plaintiffs' costs of the proceedings, such costs to be calculated on the ordinary basis. (b) Order that any difference between ordinary costs and indemnity costs of the Plaintiffs be paid out of the estate of the deceased. Catchwords: Reasons for judgment in the substantive case - Concluded in those reasons that the Plaintiffs were entitled to Probate in solemn form of the Will of the deceased that they propounded - Dismissed the Cross-Claim in which the Defendant had propounded a later Will - Plaintiffs seek the costs of the proceedings calculated on the ordinary basis - Defendant seeks an order that there be no order as to costs Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Australiawide Airlines Limited t/as Regional Express v Aspirion Pty Limited [2006] NSWCA 365 Clay v Karlson [2001] WASC 141 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 234 CLR 52 Green, Re [1969] WAR 67 Grounds, Re Estate of; Page v Sedawie [2005] NSWSC 1311 Hacke, In the Estate of, Public Trustee v Wilson, (NSWSC; 13 November 1985, unreported) Hodges, Re; Shorter v Hodges (1988) 14 NSWLR 698 Kostic v Chaplin [2007] EWHC 2909; [2007] All ER (D) 119 Middlebrook v Middlebrook (1962) 36 ALJR 216 Mitchell v Gard (1863) 3 Sw & Tr 275 at 279; 164 ER 1280 Nicholson V Knaggs & [No 3 - Severance And Costs] [2009] VSC 328 Nowell v Palmer (1993) 32 NSWLR 574 Plant, Re [1926] P 139 Shorten v Shorten (No 2) [2003] NSWCA 60 Twist v Tye (1902) P 92; Spiers v English (1907) P 122 Category: Costs Parties: Pavle Petrovski (first Plaintiff/first Cross-Defendant) Elli Stojanoska (second Plaintiff/second Cross-Defendant) Gordana Becvarov (third Plaintiff/third Cross-Defendant) Alek Nasev (Defendant/Cross-Claimant) Representation: Counsel: Mr L Ellison SC (Plaintiffs/Cross-Defendants) Mr M Meek SC (Defendant/Cross-Claimant) Solicitors: McGrath Dicembre & Co (Plaintiffs/Cross-Defendants) D Stanefska & Associates (Defendant/Cross-Claimant) File Number(s): 2009/310754