Pang v Fong (No. 2) [2014] NSWSC 1924

Supreme Court New South Wales

Medium Neutral Citation: Pang v Fong (No. 2) [2014] NSWSC 1924 Hearing dates: In chambers on the papers Date of orders: 22 December 2014 Decision date: 22 December 2014 Jurisdiction: Equity Division Before: Robb J Decision: See part 56 of these reasons Catchwords: SUCCESSION – family provision and maintenance – family provision order to be made in favour of the plaintiff out of notional estate – costs orders to be made – plaintiff served an offer of compromise on defendant executors – family provision order to be made more favourable to plaintiff than offer of compromise – claim by plaintiff that defendant executors conducted the defence as extreme adversarial proceedings – plaintiff claims defendant executors should bear their own costs personally – order that the plaintiff's costs be paid on the ordinary basis out of the notional estate – order having the effect that the first defendant bear the difference between the plaintiff's costs calculated on the indemnity and ordinary bases from the date of the plaintiff's first offer of compromise – order that the defendant executors' costs be paid on the indemnity basis out of the notional estate – orders made to finalise claim Legislation Cited: Civil Procedure Act 2005 (NSW) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bradley Bates v Robert Henry Cooke (No 2) [2014] NSWSC 1322 Bukovac v Baron [2001] NSWSC 62 Chapple v Wilcox [2014] NSWCA 392 Friend v Brien (No 2) [2014] NSWSC 614 Walsh v Walsh (No 2) [2013] NSWSC 1281 Wang v D'Ambrosio [1999] NSWSC 227 Category: Costs Parties: David Lai Kan Pang (plaintiff) Susan Wai Wah Fong (first defendant) Eva Susan Fong (second defendant) Representation: Counsel: V Hartstein (plaintiff) M Sneddon (first and second defendants) Solicitors: Summit Legal (plaintiff) Lee Hourigan & Brooks (first and second defendants) File Number(s): 2013/144328 Publication restriction: None