Weisbord v Rodny (No 2) [2019] NSWSC 739

Supreme Court New South Wales

Medium Neutral Citation: Weisbord v Rodny (No 2) [2019] NSWSC 739 Hearing dates: 27 March 2019 Decision date: 19 June 2019 Jurisdiction: Equity Before: Robb J Decision: See par [116] Catchwords: COSTS — Party/Party — Payable out of a fund — Deceased estate — Scale costs of obtaining a new grant of probate to be paid out of the deceased's estate — Effect of executor's costs already having been paid from the deceased's estate — Plaintiffs' costs award to be limited to recovery of costs that it was reasonable for them to have incurred

COSTS — Party/Party — Exceptions to general rule that costs follow the event — Party seeking indulgence or dispensation of the court — Whether an interim costs order or interim distribution should be made in a case in which the orders will be appealed

COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers — Where figures in the Calderbank offer have been redacted — Where single offer made in Calderbank offer to settle four proceedings — Whether Calderbank offer was effective and, if so, whether costs should be paid on an indemnity basis Legislation Cited: Civil Procedure Act 2005 (NSW) Probate and Administration Act 1898 (NSW) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 801 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 Galstian v Galstaun (bht M. Chater) [2010] NSWSC 1214 Leichhardt Municipal Council v Green [2004] NSWCA 341 Nadilo v Souris (No 2) [2019] NSWSC 246 Phillips v Phillips (No 3) [2017] NSWSC 409 Trustee for the Salvation Army (NSW) Property Trust v Becker [2007] NSWCA 136 Weisbord v Rodny [2018] NSWSC 1866 Texts Cited: GE Dal Pont and KF Mackie, Law of Succession (2nd ed, 2017, LexisNexis Butterworths Australia) Category: Costs Parties: Proceedings 2016/225246: Jeannette Weisbord (First Plaintiff/Cross-Defendant) Alexander Weisbord (Second Plaintiff) Joel Weisbord (Third Plaintiff) Laurence Rodny (Defendant/Cross-Claimant)