Beatrice McCleary v Metlik Investments Pty Limited; Beatrice McCleary v Benedict Chan;; Clement Chan v Benedict Chan (No 2) [2015] NSWSC 1361

Supreme Court New South Wales

Medium Neutral Citation: Beatrice McCleary v Metlik Investments Pty Limited; Beatrice McCleary v Benedict Chan;; Clement Chan v Benedict Chan (No 2) [2015] NSWSC 1361 Hearing dates: On the papers Date of orders: 16 September 2015 Decision date: 16 September 2015 Jurisdiction: Equity Before: Darke J Decision: Apart from certain costs incurred in relation to one of the Succession Act claims, the unsuccessful plaintiffs are ordered to pay the costs of the successful defendants. Catchwords: COSTS – departing from general rule that costs follow the event – application for family provision order – property transferred to claimant after commencement of proceedings – had transfer not occurred claimant would have succeeded in obtaining order for family provision – order that claimant pay costs of defendant incurred after the transfer Legislation Cited: Succession Act 2006 (NSW), s 99 Cases Cited: Harkness v Harkness (No 2) [2012] NSWSC 35 Oshlack v Richmond River Council (1998) 193 CLR 72; Singer v Berghouse (1993) 114 ALR 521 Category: Costs Parties: 2013/359456 Beatrice Sit King McCleary (plaintiff) Metlik Investments Pty Ltd (defendant)

2012/29419 Beatrice Sit King McCleary (first plaintiff) Agnes Yim King Kwan (second plaintiff) Benedict Aloysius Wai Nam Chan (defendant)

2013/187391 Clement Wai Shing Chan (plaintiff) Benedict Aloysius Wai Nam Chan (defendant) Representation: Counsel: M S Willmott SC and D Liebhold (plaintiffs) M Gorrick (defendants)