Alan John Hyland as executor of the estate of the Late John Walter Popham Luscombe v Laura Healey [No 2] [2013] NSWSC 1562

Supreme Court New South Wales

Medium Neutral Citation: Alan John Hyland as executor of the estate of the Late John Walter Popham Luscombe v Laura Healey [No 2] [2013] NSWSC 1562 Hearing dates: 24 October 2013 Decision date: 24 October 2013 Before: Kunc J Decision: Plaintiff's costs to be paid from the estate on the indemnity basis, no order as to the defendant's costs. Catchwords: WILLS, PROBATE AND ADMINISTRATION - Costs - Departure from usual rule that costs follow the event - Whether litigation caused by testator or reasonable to inquire into circumstances Legislation Cited: Evidence Act 1995 (NSW) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Wills, Probate and Administration Act 1898 (NSW) Cases Cited: Alan John Hyland as Executor of the Estate of the Late John Walter Popham Luscombe v Laura Healey [2013] NSWSC 1513 Gray v Hart; Estate of Harris (No 2) [2012] NSWSC 1562 Re Hodges; Shorter v Hodges (1988) 14 NSWLR 698 Re Will of Jane (No. 2) [2011] NSWSC 883 The Estate of Moyle: Moyle v Moyle (18 June 1988) (unreported) Shorten v Shorten (No 2) [2003] NSWCA 60 Perpetual Trustee Co Ltd v Baker BC9904032 NSWCA 16 July 1999 Texts Cited: Miller's Probate Practice Category: Costs Parties: Alan John Hyland as executor of the estate of the Late John Walter Popham Luscombe (Plaintiff) Laura Healey (Defendant) Representation: Counsel: M.S. Willmott SC and G.M. McGrath (Plaintiff) S.L. Bell (Defendant) Solicitors: Lobban McNally (Plaintiff) Juris Australia Lawyers (Defendant) File Number(s): 2010/392763 Publication restriction: No