Gianna (Jenny) Angius v Gordon Albert Salier (No 2) [2018] NSWSC 1454

Supreme Court New South Wales

Medium Neutral Citation: Gianna (Jenny) Angius v Gordon Albert Salier (No 2) [2018] NSWSC 1454 Hearing dates: On the papers Date of orders: 26 September 2018 Decision date: 26 September 2018 Jurisdiction: Equity Before: Robb J Decision: (1) Order that the costs of Gordon Albert Salier, as administrator of the estate of the late Laura Angius, of the notice of motion filed by Robert Angius on 3 April 2018, be paid out of the estate on the indemnity basis. (2) Order that no order for costs be made in favour of or against Robert Angius and Gianna (Jenny) Angius of the notice of motion filed by Robert Angius on 3 April 2018, with the intent that each of those parties will bear their own costs of the notice of motion. (3) Stand the proceedings into the Family Provision List on Friday 5 October 2018 for directions. Catchwords: COSTS — Party/Party — Payable out of a fund — Deceased estate COSTS — Party/Party — Bases of quantification — Indemnity basis — the costs of the administrator of the estate to be paid out of the estate on the indemnity basis COSTS — Party/Party — Court's discretion — No order as to costs in favour of or against the applicant or first respondent Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Gianna (Jenny) Angius v Gordon Albert Salier [2018] NSWSC 995 Category: Costs Parties: Robert Angius (Applicant) Gianna (Jenny) Angius (First Respondent/Plaintiff) Gordon Albert Salier (Second Respondent/Defendant) Representation: Counsel: V Culkoff (Applicant) JEF Brown (First Respondent/Plaintiff) M Wilmott SC and W C Birtles (Second Respondent/Defendant)