Frisoli & Anor v Kourea & Ors; Frisoli & Anor v Kourea & Ors (No. 3) [2014] NSWSC 311

Supreme Court New South Wales

Medium Neutral Citation: Frisoli & Anor v Kourea & Ors; Frisoli & Anor v Kourea & Ors (No. 3) [2014] NSWSC 311 Hearing dates: 21 March 2014 Decision date: 25 March 2014 Jurisdiction: Equity Division Before: Slattery J Decision: Specified gross sum costs order made in respect of the costs of both sides. Costs recovery from the estate and notional estate not allowed in full in respect of the costs of the parties who contended that the cross-claimant was not the de facto wife of the deceased. Catchwords: SUCCESSION - costs and ancillary relief - Succession Act, s 59 - cross-claimant found after a contest to be de facto wife of the deceased for in excess of two years before his death - family provision claims brought by the deceased's de facto wife and deceased's two children - question who should bear the costs of the contest of whether the cross-claimant was the de facto wife of the deceased. Legislation Cited: Civil Procedure Act 2005, s 98(4)(c) UCPR, r 42.1 Succession Act, ss 57 and 99 Cases Cited: Diver v Neal (2009) 2 ASTLR 89 Frisoli & Anor v Kourea & Ors; Frisoli & Anor v Kourea & Ors [2013] NSWSC 1166 Frisoli & Anor v Kourea & Ors; Frisoli & Anor v Kourea & Ors (No. 2) [2014] NSWSC 84 Harrison v Schipp (2002) NSWLR 738 Oshlack v Richmond River Council (1998) 193 CLR 72 Category: Costs Parties: In proceedings 2010/93241:- First plaintiff:- Holden Francis Frisoli Second plaintiff:- Atlanta Lucia Carnell Frisoli First defendant:- Natasha Anastasia Kourea Second defendant:- Tashnat Pty Limited