Re MP’s Statutory Will (No. 2) [2019] NSWSC 491

Supreme Court New South Wales

Medium Neutral Citation: Re MP's Statutory Will (No. 2) [2019] NSWSC 491 Hearing dates: 1 May 2019 Date of orders: 02 May 2019 Decision date: 02 May 2019 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: Costs orders made consequent upon Re MP's Statutory Will [2019] NSWSC 331 Catchwords: SUCCESSION – Statutory Wills – Unsuccessful application for statutory will – Costs - Principles

COSTS – Protective jurisdiction – Statutory will application – Principles

CIVIL PROCEDURE – Protective jurisdiction – Administration of estates – Application for statutory will – Costs - Principles Legislation Cited: Civil Procedure Act 2005 NSW NSW Trustee and Guardian Act 2009 NSW Succession Act 2006 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: GAU v GAV [2016] 1 Qd R 1; [2014] QCA 308 Gray v Hart; Estate of Harris (No. 2) [2012] NSWSC 1562 Mitchell v Gard (1863) 3 Sw & Tr 257; 164 ER 1280 Re Fenwick (2009) 76 NSWLR 221 Re Hodges; Shorter v Hodges (1988) 14 NSWLR 698 Re K's Statutory Will (2018) 96 NSWLR 69 at [28]-[30] Re MP's Statutory Will [2019] NSWSC 331 Re the Will of Bridget [2018] NSWSC 1509 Re The Will of Jane (No. 2) [2011] NSWSC 883 Re The Will of Jane [2011] NSWSC 624 Texts Cited: - Category: Costs Parties: Plaintiff: Grandson of Protected Person by her daughter First Defendant: Daughter of Protected Person in her personal capacity Second Defendant: Son of Protected Person in his personal capacity Third Defendants: Daughter and Son of Protected Person in their capacity as joint managers of her protected estate Fourth Defendant: Protected Person, by her Tutor Representation: Counsel: Plaintiff: C Birch SC First Defendant: H Morrison Second Defendant: L Ellison SC Third Defendants: J Needham SC Fourth Defendant: MK Meek SC NSW Trustee: J Brouwer, Solicitor