Liberty Teal Griffin (by her Tutor Shelley Candice Griffin) v David Raymond Coe (both in his capacity as Executor of the estate of the late Phillip Mark Griffin & in his personal capacity) (No. 2) [2012] NSWSC 1239

Supreme Court New South Wales

Medium Neutral Citation: Liberty Teal Griffin (by her Tutor Shelley Candice Griffin) v David Raymond Coe (both in his capacity as Executor of the estate of the late Phillip Mark Griffin & in his personal capacity) (No. 2) [2012] NSWSC 1239 Hearing dates: 15 October 2012 Decision date: 15 October 2012 Jurisdiction: Equity Division Before: Davies J Decision: 1. The Plaintiffs to pay the Second Defendant's costs of and incidental to the Second Defendant's Notice of Motion dated 15 February 2012. 2. The Plaintiffs to pay the Second Defendant's costs of and incidental to the Plaintiff's Notice of Motion dated 28 June 2012 (including the costs of and incidental to the mention on 27 June 2012). 3. The Plaintiffs to pay the Second Defendant's costs of the claim made against the Second Defendant in respect of the pre-probate period. 4. The Plaintiffs' tutor to pay to the Second Defendant the costs that the Plaintiffs are ordered to pay in accordance with orders 1, 2 and 3 above. 5. The Plaintiffs to pay the Second Defendant's costs thrown away by reason of any amendment to the Amended Statement of Claim. 6. The Plaintiffs' tutor to pay to the Second Defendant the costs that the Plaintiffs are ordered to pay in accordance with order 5 above. Catchwords: PROCEDURE - costs - motion for summary dismissal and/or strike out of statement of claim - application for leave to re-open - costs of re-opening - defendant successful in having part of claim summarily dismissed - whether costs should be payable forthwith. Legislation Cited: Uniform Civil Procedure Rules Cases Cited: Australian Property Custodian Holdings limited (In Liquidation) [2012] NSWSC 881 Gaskin v Ollerenshaw [2010] NSWSC 788 Lucantonio v Kleinert [2009] NSWSC 1277 Griffin v Coe [2012] NSWSC 412 Ritson v Gay and Lesbian Community Publishing Limited [2012] NSWSC 586 Category: Costs Parties: Liberty Teal Griffin (by her tutor Shelley Candice Griffin) (First Plaintiff) Max Edward Griffin (by his tutor, Shelley Candice Griffin) (Second Plaintiff) David Raymond Coe (both in his capacity as executor of the estate of the late Philip Mark Griffin and his personal capacity) (First Defendant) Neil Sidney Matthews (both in his capacity as executor of the estate of the late Philip Mark Griffin and his personal capacity) (Second Defendant) Timothy John Christiansen (both in his capacity as executor of the estate of the late Philip Mark Griffin and his personal capacity) (Third Defendant) Representation: Counsel: M Sneddon (Plaintiffs) M Newton (Second Defendant) Solicitors: C P White & Hetherington (Plaintiffs) HWL Ebsworth (Second Defendant) File Number(s): 2011/121962