Winn v Harding (No 2) [2017] NSWSC 601

Supreme Court New South Wales

Medium Neutral Citation: Winn v Harding (No 2) [2017] NSWSC 601 Hearing dates: On the papers Date of orders: 16 May 2017 Decision date: 16 May 2017 Jurisdiction: Equity Before: Darke J Decision: Orders that the defendant pay some of the plaintiff's costs of the proceedings to date on the ordinary basis, and that such costs, to the extent that they are not paid by the defendant, may be paid out of the assets of the estate of the late Karen Winn. Catchwords: COSTS – where plaintiff as executor successful in proceedings – where plaintiff abandoned additional claim brought in her personal capacity – whether defendant should pay costs of all claims brought – whether plaintiff entitled to indemnity out of estate assets to the extent costs are not paid by defendant Legislation Cited: Conveyancing Act 1919 (NSW), s 145 Trustee Act 1925 (NSW), s 59(4) Uniform Civil Procedure Rules 2005 (NSW) rr 42.1, 42.25 Cases Cited: Lewis v Nortex Pty Ltd (in liq.); Lamru Pty Ltd v Kation Pty Ltd [2006] NSWSC 480 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Segal v Osborne (No 2) [2016] NSWSC 1328 Winn v Harding [2017] NSWSC 239 Category: Costs Parties: Maureen Margaret Winn (Plaintiff) Lorna Madeline Harding (Defendant) Representation: Counsel: M W Sneddon (Plaintiff) G Foster (Defendant)

Solicitors: Blunden & Montgomery (Plaintiff) Valenti & Valenti (Defendant) File Number(s): 2016/107204 Publication restriction: None