Andrew v Andrew (No.3) [2013] NSWSC 286

Supreme Court New South Wales

Medium Neutral Citation: Andrew v Andrew (No.3) [2013] NSWSC 286 Hearing dates: 25 March 2013 Decision date: 04 April 2013 Jurisdiction: Equity Division Before: Hallen J Decision: 1. Order that the Defendant's costs of the proceedings at trial and in the Court of Appeal, calculated on the indemnity basis, be paid out of the deceased's estate and be borne, as to 62.5%, by the share of the estate passing to the Defendant, and as to 37.5% by the shares of the estate passing to the remaining three residuary beneficiaries equally. 2. Order that there be no costs of the notice of motion, to the intent that the Defendant will bear his own costs, and the remaining residuary beneficiaries will bear their own costs, out of the share of the estate that he receives, and that they receive, respectively. Catchwords: PROCEDURE - Costs Legislation Cited: Civil Procedure Act 2005 Probate and Administration Act 1898 Succession Act 2006 Uniform Civil Procedure Rules 2005 Cases Cited: Andrew v Andrew [2011] NSWSC 115 Andrew v Andrew [2012] NSWCA 308 Gonzales v Claridades [2003] NSWSC 508; (2003) 58 NSWLR 188 Howards Storage World Pty Ltd v Haviv Holdings Pty Ltd (2010) 182 FCR 84 Luxmore Pty Ltd v Hydedale Pty Ltd (2008) 20 VR 481 Moylan v Rickard [2010] QSC 327 O'Brien v McCormick [2005] NSWSC 619 Category: Costs Parties: Lynne Christine Andrew (Plaintiff) Michael Robert Andrew (Defendant) Other residuary Beneficiaries Representation: Mr L Ellison SC (Defendant) Mr P Pellandine (Other residuary beneficiaries) MCW Lawyers (Defendant) Jensens Solicitors (Other residuary beneficiaries) File Number(s): 2010/59123