Milosevska v Milosevski [2019] NSWSC 711

Supreme Court New South Wales

Medium Neutral Citation: Milosevska v Milosevski [2019] NSWSC 711 Hearing dates: 4 June 2019 Date of orders: 04 June 2019 Decision date: 04 June 2019 Jurisdiction: Equity Before: Hallen J Decision: The Court:

(a) Orders that the Plaintiff pay the Defendant's costs of the notice of motion filed on 6 May 2019.

(b) Orders that the whole of the proceedings be dismissed.

(c) Orders that the Plaintiff pay the Defendant's costs, calculated on the ordinary basis, of the proceedings, up to and including 27 March 2019, and after 27 March 2019, the Plaintiff pay the Defendant's costs, calculated on the indemnity basis, of the proceedings (other than in respect of the costs of the notice of motion.

(d) To the extent that the Defendant's costs, calculated on the indemnity basis, of the proceedings, are not paid by, or recovered from, the Plaintiff, those costs are to be paid, or retained, as the case may be, out of the notional estate of the deceased. Catchwords: CIVIL PROCEDURE – Interlocutory application –Claim by Plaintiff, a son of the deceased, for a family provision order – Application for security for costs by defendant, the spouse of the deceased in a long marriage – The Plaintiff not ordinarily resident in New South Wales but ordinarily resident in Macedonia – Plaintiff has no property in New South Wales – Plaintiff's solicitor conducting proceedings for Plaintiff on basis of a conditional costs agreement – Whether competing factors in favour of not granting order for security – Security for costs ordered – The Plaintiff and Defendant disagree as to the amount of security to be provided – Amount of security to be provided determined by the Court – When orders proposed to be made Plaintiff accepts no reason for proceedings to continue – Consent to dismissal of the proceedings