M Raiola and I Raiola In Andreatta v M Raiola [2014] NSWSC 1172

Supreme Court New South Wales

Medium Neutral Citation: M Raiola and I Raiola In Andreatta v M Raiola [2014] NSWSC 1172 Hearing dates: 16 - 19 June 2014, 4 August 2014 (written submissions as to orders costs) Decision date: 25 August 2014 Jurisdiction: Equity Division Before: Black J Decision: Order made for dismissal of summons. Order made for first plaintiff to pay half of the defendant's costs of proceedings, as agreed or as assessed. No order made as to second plaintiff's costs of proceedings. Order made for defendant's cost of proceedings to otherwise be paid out of deceased's estate on indemnity basis. Above orders stayed for 14 days. Catchwords: PROCEDURE - costs - family provision claim - where plaintiffs have not succeeded in family provision claims - whether family provision claims warrant special principles as to costs - general rule that costs follow the event - whether reason shown to depart from general rule. Legislation Cited: - Civil Procedure Act 2005 (NSW) s 98 - Family Provision Act 1982 (NSW) - Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Succession Act 2006 (NSW) ss 59, 99 Cases Cited: - Carey v Robson (No 2) [2009] NSWSC 1199 - Friend v Brien (No 2) [2014] NSWSC 614 - Harkness v Harkness (No 2) [2012] NSWSC 35 - Milne v Attorney-General (Tasmania) [1956] HCA 48; (1956) 95 CLR 460 - Moussa v Moussa [2006] NSWSC 509 - Oschlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 - Re Sherborne Estate (No 2); Vanvalen v Neaves (2005) 65 NSWLR 268; [2005] NSWSC 1003 - Ruddock v Vardalis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 - Singer v Berghouse [1993] HCA 35; (1993) 114 ALR 521 Category: Costs Parties: Massimo Raiola (First Plaintiff) Imma Raiola In Andreatta (Second Plaintiff) Maurizo Raiola (Defendant) Representation: Counsel: A Blank (Plaintiffs) J E Armfield (Defendant) Solicitors: KP Lawyers & Barristers (Plaintiffs) Whitfields (Defendant) File Number(s): 2012/379187