Peters v Salmon (No 2) [2013] NSWSC 1071

Supreme Court New South Wales

Medium Neutral Citation: Peters v Salmon (No 2) [2013] NSWSC 1071 Hearing dates: 13 September 2013 Decision date: 17 September 2013 Jurisdiction: Equity Division Before: Ball J Decision: See paragraph 36 of this judgment Catchwords: JUDGMENT AND ORDERS - family provision - whether interest payable on a family provision order - whether an applicant should have liberty to apply if the order is not paid by a specific date COSTS - awarding of costs in circumstances where two applicants are jointly represented and one is successful and the other unsuccessful - whether an adverse costs order should be made against the unsuccessful applicant - whether costs should be borne or paid by all of the beneficiaries where this has the effect of requiring a successful applicant to pay part of the estate's costs - what constitutes an offer of compromise under Uniform Civil Procedure Rules 2005 (NSW) Pt 20 Div 10 Legislation Cited: Probate & Administration Act 1898 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Harkness v Harkness (No 2) [2012] NSWSC 35 Peters v Salmon [2013] NSWSC 953 Shellharbour City Council v Johnson (No 2) [2006] NSWCA 114; (2006) 67 NSWLR 308 Singer v Berghouse [1993] HCA 35; (1993) 114 ALR 521 Category: Costs Parties: Donna Maree Peters (First Plaintiff) Kerryn Therese Osmond (Third Plaintiff) Esmae Frances Salmon (First Defendant) Michael Augustine Salmon (Second Defendant) Sue Frances Salmon (Third Defendant) Representation: M Meek SC (First and Third Plaintiffs) D A Smallbone (Defendants) Peter Evans & Associates (First and Third Plaintiffs) RJI Legal (Defendants) File Number(s): 2012/60490 Publication restriction: Nil