Wilcox v Wilcox (No 2) [2019] NSWSC 470

Supreme Court New South Wales

Medium Neutral Citation: Wilcox v Wilcox (No 2) [2019] NSWSC 470 Hearing dates: On the papers Decision date: 30 April 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order that the applicant pay the costs of the first and second respondents in relation to the application on an indemnity basis. 2. Order that access to the executor's affidavit filed in support of the application and inspection of the original Will is conditional on those costs being paid or otherwise secured in advance by the applicant. Catchwords: COSTS –––– Party/Party –– Bases of quantification — Indemnity basis –– making of fraud allegations –– where second respondent unnecessarily joined as party to the proceedings –– where applicant's conduct has led to unnecessary costs being incurred Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-59, 60, 98 New South Wales Professional Conduct and Practice Rules 2013 Uniform Civil Procedure Rules 2005 (NSW), rr 18.3(1)(b), 49.19, 59.11 Cases Cited: Antov v Bokan [2019] NSWCA 40 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Jamal v Secretary Department of Health (1988) 14 NSWLR 252 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 KP Cable Investments Pty Limited v Meltglow Pty Limited (1995) 56 FCR 189; [1995] FCA 76 Lenning v Alexander Proudfood Company World Headquarters [1991] NSWCA 173 NRMA Ltd v Morgan (No 3) [1999] NSWSC 768 Re Majory, ex parte The Debtor v F A Dumont Ltd [1955] Ch 600; [1955] 2 All ER 65 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 Sahab Holdings Pty Ltd v Registrar-General (No 3) [2010] NSWSC 403 Waters v P C Henderson (Australia) Pty Ltd [1994] NSWCA 338 Wilcox v Wilcox [2019] NSWSC 306 Category: Costs Parties: Robert William Wilcox (Applicant) The late Patricia Anne Wilcox (executrix and trustee) (First Respondent) Paul Brian Duffy (Second Respondent) Representation: Counsel: E Danis (As "Mackenzie friend" for Applicant) B Nixon (Solicitor) (First Respondent) P Duffy (in person, Second Respondent) File Number(s): 2011/00327494 Publication restriction: Nil