Wilson v Porada; The Estate of Peter Wolfgang Porada, late of Pericoe (No. 3) [2018] NSWSC 60

Supreme Court New South Wales

Medium Neutral Citation: Wilson v Porada; The Estate of Peter Wolfgang Porada, late of Pericoe (No. 3) [2018] NSWSC 60 Hearing dates: 2 February 2018 Date of orders: 02 February 2018 Decision date: 02 February 2018 Jurisdiction: Equity Before: Slattery J Decision: Orders for payment of the plaintiff's legacy of $75,000 made together with interest. Costs cap on the plaintiff's costs increased by $5,000. Catchwords: COSTS – estate litigation – delay since the Court's orders in the payment of the court-awarded legacy to the plaintiff – whether the costs cap on the plaintiff's costs should be increased on account of the delay – whether interest should now be paid on the plaintiff's legacy. Legislation Cited: Probate and Administration Act 1898, s 84A Succession Act 2006 Cases Cited: Wilson v Porada; The Estate of Peter Wolfgang Porada, late of Pericoe [2017] NSWSC 818 Wilson v Porada; The Estate of Peter Wolfgang Porada, late of Pericoe (No. 2) [2017] NSWSC 1362 Category: Costs Parties: Plaintiff: Tracey Lee Wilson Defendant: Manfred Robert Porada Representation: Counsel:

Plaintiff: I.R. Coleman SC, L. Clarke Defendant: B. Oliak

Solicitor:

Plaintiff: Ines Chiumento, Eden Legal & Conveyancing Defendant: Esther Colson, David Griffiths Lawyers

In the matter of: The Estate of the late Peter Wolfgang Porada, late of Pericoe File Number(s): 2015/155275; 2015/242796; 2016/106321; 2016/124110 Publication restriction: No