Harkness v Harkness (No 2) [2012] NSWSC 35

Supreme Court New South Wales

Medium Neutral Citation: Harkness v Harkness (No 2) [2012] NSWSC 35 Hearing dates: 2 February 2012 Decision date: 02 February 2012 Jurisdiction: Equity Division Before: Hallen AsJ Decision: (a) Order that the Defendant's costs, calculated on the indemnity basis, be paid out of the estate of the deceased. Otherwise, make no order as to costs. (b) Order that the exhibits be dealt with in accordance with the Uniform Civil Procedure Rules 2005. Catchwords: Defendant seeks an order that his costs be paid by the Plaintiff - Plaintiff submits that she should have her costs out of the estate, or alternatively, there should be no order as to her costs of the proceedings - Plaintiff does not dispute that Defendant should receive his costs of the proceedings, such costs to be calculated on the indemnity basis Legislation Cited: Civil Procedure Act 2005 Family Provision Act 1982 Succession Act 2006 Uniform Civil Procedure Rules 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 [2010] NSWCA 212 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 Harkness v Harkness [2011] NSWSC 1421 Jvancich v Kennedy (No 2) [2004] NSWCA 397 Lillis v Lillis [2010] NSWSC 359 McCusker v Rutter [2010] NSWCA 318 McDougall v Rogers; Estate of James Rogers [2006] NSWSC 484 Mikan v Velcic (No 2) [2011] NSWSC 505 Morse v Morse (No 2) [2003] TASSC 145 Moussa v Moussa [2006] NSWSC 509 Nicholls v Hall [2007] NSWCA 356 Ohn v Walton (1995) 36 NSWLR 77 Oshlack v Richmond River Council (1998) 193 CLR 72 Shearer v The Public Trustee (NSWSC, Young J, 21 April 1998, unreported) Sherborne Estate (No 2), Re; Vanvalen v Neaves [2005] NSWSC 1003 Singer v Berghouse [1993] HCA 35; (1993) 114 ALR 521 Sitch (No 2), Re [2005] VSC 383 Smith v Smith (No 2) [2011] NSWSC 1105 Texts Cited: Practice Note SC Eq 7 - Family Provision Category: Costs Parties: Janine Margaret Harkness (Plaintiff) Peter Geoffrey Harkness (as executor of the Estate of the Late Coraline June Harkness) (Defendant) Representation: Mr M Lawson (Plaintiff) Ms J Healey (Defendant) Campbell Paton & Taylor (Plaintiff) Rossi Simicic Lawyers (Defendant) File Number(s): 2011/85506