Katramados v Hasapis (No 2) [2018] NSWSC 1604

Supreme Court New South Wales

Medium Neutral Citation: Katramados v Hasapis (No 2) [2018] NSWSC 1604 Hearing dates: 4 July 2018 Decision date: 26 October 2018 Jurisdiction: Equity Before: Robb J Decision: See paragraphs 140-144 Catchwords: SUCCESSION - wills, probate and administration - making of orders to implement earlier judgment – no point of principle

SUCCESSION - wills, probate and administration - invitation to parties to make submissions as to whether any special costs order should be made because the deceased's conduct had created the need for the proceedings, or it was reasonable for the defendants to contest the plaintiff's probate claim

SUCCESSION - family provision and maintenance - consideration of issues requiring determination before final orders can be made – significance of costs orders for the terms of available family provision orders – case management orders to be made

COSTS - Reasonableness of costs incurred - division of costs incurred between probate and family provision claims - Parties to be ordered to provide further information to the Court concerning the legal costs that they have incurred Legislation Cited: Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) Cases Cited: Katramados v Hasapis [2018] NSWSC 948 Nudd v Mannix [2009] NSWCA 327 Curnow v Curnow [2014] NSWSC 896 Perpetual Trustee v Baker [1999] NSWCA 244 Gray v Hart; Estate of Harris (No 2) [2012] NSWSC 1562 Bell v Crewes [2011] NSWSC 1159 Category: Costs Parties: Julia Katramados (plaintiff) Despina Hasapis (first defendant/first cross defendant) Adriana Kalantzis (second defendant/second cross claimant) Maria Kalantzis (third defendant) Vassilis Kalantzis (fourth defendant/fourth cross claimant) Representation: Counsel: A Hill (plaintiff) FFF Salama/L Teoh (first defendant) NCT Bilinsky (third defendant) D Williams (fourth defendant)