Ellens v Fleming & Anor [2017] NSWSC 607

Supreme Court New South Wales

Medium Neutral Citation: Ellens v Fleming & Anor [2017] NSWSC 607 Hearing dates: 15 May 2017 Date of orders: 15 May 2017 Decision date: 15 May 2017 Jurisdiction: Equity Before: Slattery J Decision: Specified gross sum costs order made under Civil Procedure Act, s 98(4)(c). Directions given in relation to ascertaining the quantum of one outstanding liability of the estate represented by the second defendant. Catchwords: PROCEDURE – Costs – whether gross sum costs order to be made – proceedings settled under orders for administration of estates of plaintiff's parents –administration cannot be completed until costs of second defendant and other liabilities resolved - costs to be assessed on an indemnity basis pursuant to previous Court orders made – no evidence as to unreasonableness of costs incurred – plaintiff to continue discussions with NSW Trustee and Guardian in respect of amount due for management fees Legislation Cited: Civil Procedure Act 2005 (NSW) Legal Profession Uniform Law Application Regulation 2015 (NSW), Schedule 3 Cases Cited: Bouras v Grandelis (2005) 65 NSWLR 214 Hamod v New South Wales and Anor [2011] NSWCA 375 Kostov v Zhang (No 2) [2016] NSWCA 279 Category: Costs Parties: Plaintiff: Hugh Arthur John Ellens First Defendant: Rita Joan Fleming Second Defendant: Jennifer Margaret Walton Representation: Counsel:

Second Defendant: Michael Klooster

Solicitor:

Plaintiff: Philip Beazley, Beazley Boorman Lawyers Second Defendant: David Lamb, Gilbert M. Johnstone & Co, Lawyers File Number(s): 2014/174282 Publication restriction: No