Harrisson v Skinner (No 2) [2013] NSWSC 762

Supreme Court New South Wales

Medium Neutral Citation: Harrisson v Skinner (No 2) [2013] NSWSC 762 Hearing dates: 1 July 2013 Decision date: 01 July 2013 Jurisdiction: Equity Division Before: Hallen J Decision: Order the Plaintiffs to pay the Defendants' costs, calculated on the ordinary basis. Order that to the extent that there are any costs of the Defendants, calculated on the indemnity basis, not met by the costs order made, those costs should be paid out of the estate. Catchwords: Procedure - Costs in unsuccessful claim for a family provision order - Small estate - General rules - Whether to depart from the general rule that costs follow the event - Overall justice of the case - Plaintiffs ordered to pay Defendants' costs Legislation Cited: Civil Procedure Act 2005 Succession Act 2006 Uniform Civil Procedure Rules 2005 Cases Cited: Harkness v Harkness (No 2) [2012] NSW SC 35 Harrison v Skinner (2013) NSWSC 736 Category: Principal judgment Parties: Terese Ellen Harrisson (first Plaintiff) Karen Drinkwater (second Plaintiff) Christine Mary Skinner (first Defendant) Julie Anne Nott (second Defendant) Representation: Counsel: Mr M Vincent (Plaintiffs) Mr R Hughes (agent) (sol) (Defendants) Solicitors: Bale Boshev Lawyers (Plaintiffs) Borthwick Wilson & Mitchell Solicitors (Defendants) File Number(s): 2012/373173