Kenneth Walter Waddell v Allan William Waddell as executor of the Estate of the late Ronald John Waddell (No. 4) [2012] NSWSC 287

Supreme Court New South Wales

Medium Neutral Citation: Kenneth Walter Waddell v Allan William Waddell as executor of the Estate of the late Ronald John Waddell (No. 4) [2012] NSWSC 287 Hearing dates: 20 March 2012 Decision date: 28 March 2012 Jurisdiction: Equity Division Before: Slattery J Decision: The plaintiff's share of the residue of the estate should not bear any part of the estate's liability to the plaintiff for the costs of the proceedings. Catchwords: PROCEDURE - costs - general rule costs follow the event - costs out of a fund - plaintiff successful in action against a defendant executor upon an equitable estoppel to enforce promises a testator made to devise a 10 acre block of land to the plaintiff - defendant reasonable in defending the action - whether the executor should pay the costs of all parties and be indemnified for those costs out of the 10 acre block - whether the plaintiff's share of the residue of the estate should bear any part of (i) the defendant/executor's costs of defending the proceedings, and (ii) the estate's liability to pay the plaintiff's costs of the proceedings. Cases Cited: Ledgerwood v Perpetual Trustee Co Limited (No. 2) (Young J, New South Wales Supreme Court, 25 August 1997, unreported) Murdocca v Murdocca (No. 2) [2002] NSWSC 505 Sharp v Lush (1879) 10 Ch D 468 Waddell v Waddell as Executor of Estate of Waddell [2011] NSWSC 1174 Waddell v Waddell as Executor of Estate of Waddell (No. 2) [2011] NSWSC 1688 Kenneth Walter Waddell v Allan William Waddell as executor of the Estate of the late Ronald John Waddell (No. 3) [2012] NSWSC 252 Wyndham v Mackenzie (1918) 25 CLR 172 Category: Costs Parties: Plaintiff- Kenneth Walter Waddell Defendant- Allan William Waddell Representation: Plaintiff- L. Ellison SC Defendant- A. Hill Plaintiff- J.J.Francis Defendant- M. Boemi File Number(s): 2010/00158898 Publication restriction: No