Walton v Walton [2015] NSWSC 405

Supreme Court New South Wales

Medium Neutral Citation: Walton v Walton [2015] NSWSC 405 Hearing dates: 01 April 2015 Decision date: 01 April 2015 Jurisdiction: Equity Division Before: Stevenson J Decision: Plaintiff to pay defendants' costs; plaintiff's solicitor to show cause why his costs of the costs argument should not be disallowed, why he should not pay the costs of the costs argument and why his conduct should not be referred to the Law Society of New South Wales Catchwords: PRACTICE AND PROCEDURE – costs – whether costs should follow the event – whether any costs payable by the plaintiff should be paid from her mother's estate or by the other beneficiaries of that estate; LEGAL PRACTITIONERS – inappropriate and scandalous material adduced in support of costs application – whether practitioner should show cause why his costs of the costs application be disallowed as between himself and the plaintiff and why he should not pay the plaintiff the costs of that application that she is ordered to pay the defendants – whether practitioner's conduct should be referred to the Law Society of New South Wales Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Trustee Act 1925 (NSW) Cases Cited: Adam v Mullen, (unreported), Holland J, 15 December 1976 Drummond v Drummond [1999] NSWSC 923 Macedonian Orthodox Community Church St Pekta Inc v His Eminence Petar the Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 Re Beddoe; Downes v Cottam [1893] 1 Ch 547 Walton v Walton [2015] NSWSC 218 Category: Costs Parties: Lynda Joyce Walton (Plaintiff) Peter George Walton (First Defendant) Helen Walton (Second Defendant) Representation: Counsel: S Neagle (Solicitor) (Plaintiff) S K Hill (Defendants)