Murray v McOnie (No 2) [2019] NSWSC 392

Supreme Court New South Wales

Medium Neutral Citation: Murray v McOnie (No 2) [2019] NSWSC 392 Hearing dates: On the papers Decision date: 09 April 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Subject to order 2, order that the costs of the plaintiff, in her capacity as executor of the estate of the late Agnese McOnie, of the summons for judicial advice filed 12 April 2018 be borne out of the said estate on the indemnity basis. (2) The plaintiff's costs in her capacity as executor, of court attendances and communications with the first defendant (Megan McOnie) for the period from 12 June 2018 up to but not including the hearing of the judicial advice application on 25 February 2019 be payable by the first defendant on the indemnity basis. (3) Otherwise, make no order in relation to the defendants' costs of the judicial advice application. (4) Note that it is the intent of the plaintiff to reduce, in satisfaction of such costs orders, to the extent that the plaintiff is able to do, the share in the estate to be received by the first defendant (Megan McOnie). Catchwords: COSTS — Application for judicial advice –– whether executor's costs to be borne out of defendants' shares of proceeds of sale of main asset of the estate. Legislation Cited: Bankruptcy Act 1966 (Cth), s 133 Trustee Act 1925 (NSW), s 63(1) Cases Cited: Murray v McOnie [2019] NSWSC 189 North Sydney Leagues Club Ltd v Synergy Protection Agency Pty Ltd [2011] NSWSC 804 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Category: Costs Parties: Pamela Ann Murray (Plaintiff) Megan Ann McOnie (First Defendant) David John McOnie (Second Defendant) Paul Pryde McOnie (Third Defendant) Representation: Counsel: D P Courtenay (Plaintiff) (Solicitor) Megan McOnie (Self represented)