Pinniger v Stone & Anor [2012] NSWCA 73

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Pinniger v Stone & Anor [2012] NSWCA 73 Hearing dates: 21 March 2012 Decision date: 21 March 2012 Before: Beazley JA Whealy JA Decision: Leave to appeal refused, with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: LEAVE TO APPEAL - Application for grant of probate in solemn form of testator's will - challenge by executor - proper basis for ordering indemnity costs against unsuccessful executor - whether there was a miscarriage of the discretion to grant cost orders - House v R - leave to appeal refused. Cases Cited: - House v R [1936] HCA 40; 55 CLR 499 Category: Procedural and other rulings Parties: Wayne Jon Pinniger (Applicant) Karen Patricia Stone (First Respondent) Kerry Ann Drabsch (Second Respondent) Representation: Counsel: L. Ellison SC, K. Morrissey (Applicant) Ms J.M. Sandford (Respondent) Solicitors: Coode & Corry (Applicant) Matthews Williams Solicitors (Respondents) File Number(s): 2009/291134 Decision under appeal Citation: [2011] NSWSC 1148 Date of Decision: 2011-09-27 00:00:00 Before: Nicholas J File Number(s): 2009/291134