Leary v NSW Trustee and Guardian (No 2) [2017] NSWSC 1226

Supreme Court New South Wales

Medium Neutral Citation: Leary v NSW Trustee and Guardian (No 2) [2017] NSWSC 1226 Hearing dates: On the papers Decision date: 12 September 2017 Jurisdiction: Common Law Before: Ward CJ in Eq Decision: (1) Order that there be no order as to the plaintiff's costs of the proceedings, to the intent that the plaintiff should bear his own costs. (2) Order the plaintiff to pay the defendant's costs on an indemnity basis up to and including 15 May 2017, such costs to be paid or retained out of the plaintiff's' entitlement in the distribution of the will of the deceased. (3) Order that any shortfall in the defendant's costs be paid out of the estate on an indemnity basis. Catchwords: COSTS – indemnity costs awarded against plaintiff who conducted case on an admittedly false basis Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.2, 42.15 Cases Cited: Dunstan v Rickwood (No 2) [2007] NSWCA 266 Fountain Selected Meats (Sales) Pty Ltd v Universal Produce Merchants Pty Ltd (1988) 81 ALR 397; [1988] FCA 202 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Leary v NSW Trustee and Guardian [2017] NSWSC 1113 Ohn v Walton (1995) 36 NSWLR 77 Category: Costs Parties: John Justin Goyen Leary (Plaintiff) NSW Trustee and Guardian (Defendant) Representation: Counsel: RD Wilson SC (Plaintiff) GJ Smith (Defendant)

Solicitors: L Rundle & Co (Plaintiff) Teece Hodgson & Ward (Defendant) File Number(s): 2015/00205597 Publication restriction: Nil