Estate CA Cirillo, deceased (No. 2) [2015] NSWSC 486

Supreme Court New South Wales

Medium Neutral Citation: Estate CA Cirillo, deceased (No. 2) [2015] NSWSC 486 Hearing dates: 23 April 2015 Date of orders: 30 April 2015 Decision date: 30 April 2015 Jurisdiction: Equity Division - Probate List Before: Lindsay J Decision: 1. DECLARE that, on the proper construction of orders 27-30 (inclusive) of the orders made on 26 August 2014 in the proceedings respectively numbered 2012/351568, 2013/102237, 2013/269684 and 2014/175570, the respective costs of the parties, including all costs associated with any ongoing administration of the estate of the late Caterina Assunta Cirillo, are capped at the amounts specified in those orders.

2. DECLARE that no party (and no solicitor acting for a party) to those proceedings has an entitlement to charge against the estate of the late Caterina Assunta Cirillo costs other than those identified in orders 27-30 of 26 August 2014 as having been capped.

3. ORDER that the respondents pay the applicants' costs of their respective motions.

4. RESERVE liberty to apply for consequential relief. Catchwords: PROCEDURE – Judgments and Orders – Costs – Maximum Costs – Consent Orders – Construction – Ongoing estate administration costs – Costs capped by settlement agreement. Legislation Cited: Civil Procedure Act 2005 NSW, section 73 Succession Act 2006 NSW Cases Cited: Cirillo v Cirillo; Estate CA Cirillo, deceased [2013] NSWSC1797 Texts Cited: - Category: Consequential orders (other than Costs) Parties: Applicant: Maria Wakeling Applicant: Antonio (Anthony) Cirillo Respondent: Pasquale (Peter) Cirillo Representation: Counsel: Applicant (Maria): L Goodchild Applicant (Anthony): R Jefferis Respondents (Peter and Solicitors) : V Bedrossian