Ann Ross v John William Padget [2016] NSWSC 1851

Supreme Court New South Wales

Medium Neutral Citation: Ann Ross v John William Padget [2016] NSWSC 1851 Hearing dates: Costs on the Papers Decision date: 16 December 2016 Before: Sackar J Decision: See paragraph [21] Legislation Cited: Civil Procedure Act 2005 Category: Costs Parties: Ann Ross (plaintiff) Representation: Counsel: J T Johnson (plaintiff) R Weaver (defendant)

Solicitors: File Number(s): 2012/264331 Publication restriction: N/A

Judgment 1. These proceedings involved a claim by the plaintiff, Ms Ann Ross against the defendant Mr John William Padget seeking provision from the estate of the late Bill Padget, Mr John Padget's father. Mr Bill Padget died in testate on 9 March 2010 leaving an estate of approximately $30 million. Mr Padget, the sole child of the deceased was the sole beneficiary under the intestacy. 2. During the course of the hearing (the third day) and following lengthy negotiations the parties reached an agreement on terms which were set out in a deed dated 27 August 2015 ('Deed'). 3. Ms Ross signed the Deed, as did other relevant persons including her mother and son. Consent orders were made by Bergin CJ in Eq on 13 April 2016. 4. However, on 18 April 2016 Ms Ross filed a notice of motion returnable on 22 April 2016 containing in short, orders seeking that the consent orders made on 26 August 2015 be set aside and the matter be relisted "for judgment". 5. The matter next came before Hallen J in May 2016 and his Honour made directions for the service of evidence. The matter came before his Honour again on 22 June 2016 and ultimately was referred to Stevenson J who listed the matter for hearing on 28 July 2016. 6. On 28 July 2016 the matter came before myself. However, Mr Johnson of Counsel who appeared for Ms Ross indicated that the motion was to be withdrawn. 7. Mr Padget thereafter proceeded by way of motion (dated 5 December 2016) seeking an order for the costs in meeting Ms Ross's motion to set aside the consent orders and associated costs incurred by him in enforcing an order for possession of properties at 1/2A Tobruk Avenue and 2/2A Tobruk Avenue Cremorne which Ms Ross, her mother and son had occupied from time to time.