AB v Curry & Anor (No. 2) [2015] NSWSC 1209

Supreme Court New South Wales

Medium Neutral Citation: AB v Curry & Anor (No. 2) [2015] NSWSC 1209 Hearing dates: On the papers: submissions provided 30 July 2015 Decision date: 28 August 2015 Jurisdiction: Common Law Before: White J Decision: Order that the defendants pay the plaintiff's costs of the proceedings on the ordinary basis up to 24 September 2014 and the plaintiff pay the defendants' costs of the proceedings on the indemnity basis from 25 September 2014. Catchwords: COSTS – family provision claim – offer of compromise under UCPR r 20.26 made by the unsuccessful defendants – offer substantially exceeded the value of provision ordered in favour of the plaintiff – whether Court should otherwise order under r 40.15(2) – relevance of this being a family provision claim – whether offer was not "beaten" because the Court had also ordered the return of some $5,000 worth of chattels – plaintiff's submissions on costs not supported by evidence – held that the plaintiff should pay the defendants' costs on the indemnity basis from after the date of the offer Cases Cited: AB v Curry [2015] NSWSC 1063 Singer v Berghouse [1993] HCA 35; (1993) 114 ALR 521 Chapple v Wilcox [2014] NSWCA 392; (2014) 87 NSWLR 646 Bates v Cooke (No 2) [2014] NSWSC 1322 Category: Costs Parties: AB (Plaintiff) Aileen Esme Curry (1st Defendant) Juliet Anna Greentree (2nd Defendant) Representation: Counsel: L Ang (Plaintiff) K Morrissey (Defendants)

Solicitors: John Hollier, Solicitor (Plaintiff) Stuart, Cook & Braham (Defendants) File Number(s): 2014/215475