Glenda Phillips v James Phillips; John Matthew Phillips by his Tutor NSW Trustee & Guardian v James Phillips (No 3) [2017] NSWSC 409

Supreme Court New South Wales

Medium Neutral Citation: Glenda Phillips v James Phillips; John Matthew Phillips by his Tutor NSW Trustee & Guardian v James Phillips (No 3) [2017] NSWSC 409 Hearing dates: 5 April 2017 Decision date: 13 April 2017 Jurisdiction: Equity - Probate List Before: Kunc J Decision: Executor to pay costs on ordinary and later on indemnity basis without recourse to estate Catchwords: WILLS, PROBATE AND ADMINISTRATION – Costs – Where executor beneficiary fails to demonstrate reasonable basis to have defended testamentary capacity suit Cases Cited: Chick v Grosfeld (No. 4) [2013] NSWSC 509 Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 801 Glenda Phillips v James Phillips; John Matthew Phillips by his Tutor NSW Trustee & Guardian v James Phillips [2017] NSWSC 280 Pates v Craig (Estate of the late Joyce Jean Cole) (Supreme Court (NSW), Santow J, 5 September 1995, unrep) Petrovski v Nasev; The Estate of Janakievska (No 2) [2011] NSWSC 1474 Category: Costs Parties: In proceedings 2015/26517: Glenda Phillips (First Plaintiff) Lesley Catling (Second Plaintiff) Robert Phillips (Third Plaintiff) James Christopher Phillips (Defendant)

In proceedings 2015/263702: John Matthew Phillips by his Tutor NSW Trustee & Guardian (Plaintiff) James Christopher Phillips (Defendant) Representation: Counsel: In proceedings 2015/26517: A Cheshire SC (Plaintiffs) K Morrissey (Defendant)