A Ltd v J (No 3) [2017] NSWSC 931

Supreme Court New South Wales

Medium Neutral Citation: A Ltd v J (No 3) [2017] NSWSC 931 Hearing dates: On the papers Decision date: 12 July 2017 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. The costs of each of the first and second defendant be paid on the solicitor/client basis out of the Child's estate. Catchwords: COSTS Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(1) Succession Act 2006 (NSW), ss 18, 22(e) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: A Ltd v J (No 2) [2017] NSWSC 896 A Limited v J [2017] NSWSC 736 Hill v Hill [2001] VSC 135 Hoffman v Waters [2007] SASC 273 In re an Incapable Person D [1983] 2 NSWLR 590 Snelgrove v Swindells [2007] NSWSC 868 Category: Costs Parties: "A Ltd" (Plaintiff) "J" (First Defendant) "R" (Second Defendant) Representation: Counsel: R Williams (Plaintiff) S Chapple (First Defendant) P Wallis with P Boncardo (Second Defendant)

Solicitors: Unsworth Legal (Plaintiff) Keypoint Law (First Defendant) Benjamin & Robinson (Second Defendant) File Number(s): 2017/00163312 Publication restriction: Nil

Judgment 1. HER HONOUR: On 3 July 2017, I made orders granting leave to the plaintiff (A Ltd), in its capacity as manager of the estate of a child suffering serious medical conditions, to make an application for an order pursuant to s 18 of the Succession Act 2006 (NSW) authorising a statutory will to be made on behalf of the Child and then authorising the making of such a will. I published my reasons for so doing on 5 July 2017 (A Ltd v J (No 2) [2017] NSWSC 896). 2. At the time of making the orders on 3 July, the first defendant (the Mother) asked that the question of costs of the first and second defendants be reserved so that submissions could be made on that issue. (There was no objection to the order I made in relation to the costs of A Ltd.) I made directions for submissions to be filed and indicated that I would deal with that question on the papers. For the reasons that follow, I am of the view that the costs of both the Mother and the second defendant (the Father) be borne on a solicitor/client basis out of the Child's estate. 3. It is not necessary to set out the background to the matter. Reference should be made to my principal judgment for that.