Meres v Meres (No 2) [2017] NSWSC 523

Supreme Court New South Wales

Medium Neutral Citation: Meres v Meres (No 2) [2017] NSWSC 523 Hearing dates: 4 May 2017 Date of orders: 09 May 2017 Decision date: 04 May 2017 Jurisdiction: Equity Before: Hallen J Decision: The Court:

(a) Makes no order as to costs of the Plaintiff, to the intent that he will bear his own costs of the proceedings, including the costs of the hearing of the application for costs;

(b) Orders that the Defendant's costs, calculated on the indemnity basis, of the proceedings, be paid out of the estate of the deceased, such costs not to include the costs of the hearing of the application for costs.

(c) Orders, in relation to the Defendant's costs of the hearing of the application for costs, he is to bear his own costs. Catchwords: SUCCESSION – FAMILY PROVISION – COSTS – Following dismissal of suit for family provision order –Offer of Compromise served some months prior to the hearing – Plaintiff failed to obtain order more favourable than offer made – Whether Court's discretion should be exercised – Overall justice of the case warrants exercise of the Court's discretion Legislation Cited: Civil Procedure Act 2005 Family Provision Act 1982 (NSW) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AB v Curry & Anor (No. 2) [2015] NSWSC 1209 Bates v Cooke (No 2) [2014] NSWSC 1322 Briggs v Mantz (No 2) [2014] VSC 487 Durham v Durham [2010] NSWSC 482 Evans v Braddock (No 2) [2015] NSWSC 518 Friend v Brien (No. 2) [2014] NSWSC 614 Grey v Harrison [1997] 2 VR 359 Hinderry v Hinderry [2016] NSWSC 780 Houatchanthara v Bednarczyk [1996] NSWCA 253 Manly Council v Bryne (No 2) [2004] NSWCA 227 Ohn v Walton (1995) 36 NSWLR 77 Oshlack v Richmond River Council (1998) 193 CLR 72 Page v Page [No 2] [2016] NSWSC 1323 Pearson & Ors (The Joint Administrators of Lean Brothers International (Europe)) v Lehman Brothers Finance SA & Ors [2010] EWHC 3044 Re Sherborne Estate (No 2); Vanvalen v Neaves [2005] NSWSC 1003 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Smith v Whittaker [2016] VSC 287 Category: Costs Parties: Lennie Meares (Plaintiff) Rodney Stanley Meares (Defendant) Representation: Counsel: Ms L Goodchild (Plaintiff) Mr D Liebhold (Defendant)