Application by Craig-Bridges; The Estate of Ella Minnie Lillian Bush; The Estate of Ella Minnie Lillian Bush v NSW Trustee & Guardian (No 2) [2016] NSWSC 1827

Supreme Court New South Wales

Medium Neutral Citation: Application by Craig-Bridges; The Estate of Ella Minnie Lillian Bush; The Estate of Ella Minnie Lillian Bush v NSW Trustee & Guardian (No 2) [2016] NSWSC 1827 Hearing dates: 7 December 2016 Decision date: 16 December 2016 Jurisdiction: Equity Before: Stevenson J Decision: Ms Craig-Bridges to have her costs of each proceedings from the estate on the ordinary basis; the executor to have its costs of each proceedings from the estate on an indemnity basis Catchwords: COSTS – WILLS PROBATE AND ADMINISTRATION – SUCCESSION – where granddaughter disputed deceased's testamentary capacity to make her final wills and as executrix propounded earlier will – where testamentary capacity of final wills found – whether granddaughter should have her costs from the estate – whether deceased was the cause of the litigation – where granddaughter to receive provision from the estate – where offer of comprise made shortly before hearing and not accepted – where provision obtained less than offered – whether granddaughter should pay executor's costs on indemnity basis from time of offer Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Application by Craig-Bridges; The Estate of Ella Minnie Lillian Bush; The Estate of Ella Minnie Lillian Bush v NSW Trustee & Guardian [2016] NSWSC 1611 Mitchell v Gard (1863) 3 Sw & Tr 275; 164 ER 1280 Perpetual Trustee v Baker [1999] NSWCA 244 Shorten v Shorten (No 2) [2003] NSWCA 60 Category: Costs Parties: Helene Janelle Craig-Bridges (Plaintiff) New South Wales Trustee & Guardian (Defendant) Representation: Counsel: D Liebhold (Plaintiff) J E Armfield (Defendant)