Bezjak v Wyatt (No 2) [2018] NSWSC 232

Supreme Court New South Wales

Medium Neutral Citation: Bezjak v Wyatt (No 2) [2018] NSWSC 232 Hearing dates: 28 February 2018 Date of orders: 28 February 2018 Decision date: 28 February 2018 Jurisdiction: Equity Before: Hallen J Decision: The Court orders that: a) the Plaintiff is to pay the Defendant's costs, calculated on the ordinary basis, of the proceedings, up to and including 10 October 2017; and after 10 October 2017, the Plaintiff is to pay the Defendant's costs, calculated on the indemnity basis, of the proceedings. b) To the extent that the Defendant's costs, calculated on the indemnity basis, of the proceedings, are not paid by, or recovered from, the Plaintiff, those costs are to be paid, or retained, as the case may be, out of the estate of the deceased. Catchwords: SUCCESSION – FAMILY PROVISION – COSTS – Following dismissal of the suit for family provision order – Offer of Compromise served about 2 months prior to the hearing – Defendant obtained order no less favourable than offer made – Whether Court's discretion should be exercised to depart from UCPR – Overall justice of the case does not warrant exercise of the Court's discretion. Legislation Cited: Civil Procedure Act 2005 (NSW) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AB v Curry & Anor (No 2) [2015] NSWSC 1209 Bates v Cooke (2015) 14 ASTLR 221; [2015] NSWCA 278 Bates v Cooke (No 2) [2014] NSWSC 1322 Bezjak v Wyatt [2018] NSWSC 199 Briggs v Mantz (No 2) [2014] VSC 487 Bruce v Greentree (No 2) [2015] NSWSC 1636 Chapple v Wilcox [2014] NSWCA 392 Meres v Meres (No 2) [2017] NSWSC 523 Smith v Whittaker [2016] VSC 287 Category: Costs Parties: Brigita Bridget Bezjak (Plaintiff) James Rolin Wyatt (Defendant) Representation: Counsel: Mr T J Morahan (Plaintiff) Mr N Bilinsky (Defendant)