NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Bruce v Greentree (No 2) [2015] NSWSC 1636 Hearing dates: 4 November 2015 Date of orders: 04 November 2015 Decision date: 06 November 2015 Jurisdiction: Equity Before: Hallen J Decision: Order the Plaintiffs to pay the Defendant's costs, calculated on the ordinary basis. Catchwords: PROCEDURE – Costs in unsuccessful claim for a family provision order by two Plaintiffs – Virtually no estate of the deceased and if property designated as notional estate, the value thereof was no more than $122,500 gross – Designating order not made
General rule as to costs on dismissal of proceedings – Whether to depart from the general rule that costs follow the event – Whether indemnity costs should be ordered – Overall justice of the case Legislation Cited: Civil Procedure Act 2005 (NSW) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bruce v Greentree [2015] NSWSC 1611 Carey v Robson; Nicholls v Robson (No 2) [2009] NSWSC 1199 Friend v Brien (No 2) [2014] NSWSC 614 Harkness v Harkness (No 2) [2012] NSWSC 35 Singer v Berghouse [1993] HCA 35; (1993) 114 ALR 521 Category: Costs Parties: Kim Katherine Bruce (first Plaintiff) Paul Neville Greentree (second Plaintiff) Irene Greentree (Defendant) Representation: Counsel: Ms A Power (Plaintiffs) Mr J E F Brown (Defendant)
Solicitors: Leverage Solicitors (Plaintiffs) Marsdens Law Group (Defendant) File Number(s): 2013/272826
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