The Estate of the Late Akos Balazs Melegh (No. 2) [2016] NSWSC 584

Supreme Court New South Wales

Medium Neutral Citation: The Estate of the Late Akos Balazs Melegh (No. 2) [2016] NSWSC 584 Hearing dates: 6 May 2016 Date of orders: 10 May 2016 Decision date: 10 May 2016 Jurisdiction: Equity Before: Slattery J Decision: See paragraph 76 of judgment. Catchwords: PROBATE – administration of estates - four applications - whether commission should be granted to former executors of deceased's estate under Probate and Administration Act 1898, s 86 - whether costs should be awarded to plaintiff's executrix for costs of strike out motion against statement of claim - whether costs should be awarded to plaintiff's executrix for costs of strike out motion against caveat - whether plaintiff should be awarded costs of proceedings. Legislation Cited: Probate and Administration Act 1898, ss 63, 66, 85, 86 Succession Act 2006, s 95 Cases Cited: Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194; 116 ALR 523 Hawkins v Barkley-Brown & Anor [2010] NSWSC 48 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 The Estate of the Late Akos Balazs Melegh [2016] NSWSC 249 Category: Costs Parties: First Plaintiff: Peter David Kristofferson as attorney for Akos Geza Melegh under Power of Attorney dated 26 March 2014 Second Plaintiff: Csilla Melegh

First Defendant: Gabor Leslie Boskovitz Second Defendant: Anthony Adam Boskovitz Third Defendant: Brigitta Plosz Fourth Defendant: Host Plus Pty Ltd Representation: Counsel: Plaintiffs: J. Waters, A. Cheema