Affidavit under Part IV of the Trustee Act by Tenterfield Shire Council (No 2) [2019] NSWSC 1119

Supreme Court New South Wales

Medium Neutral Citation: Affidavit under Part IV of the Trustee Act by Tenterfield Shire Council (No 2) [2019] NSWSC 1119 Hearing dates: On the papers - submissions 30 July 2019 Decision date: 30 August 2019 Jurisdiction: Equity Before: Emmett AJA Decision: Jack Edward Walsh, in his capacity as administrator in the estate of Jeanette Irene Walsh, pay the costs of Russell Eric Templeton, in his capacity as the administrator in the estate of Lucille Mary Kathleen Marshall (nee Walsh), in relation to the motion of 18 September 2017 Catchwords: COSTS – whether an order should be made under s 93 of the Trustee Act 1925 (NSW) for the costs of the motions to be paid out of the fund – whether the applicant should pay the respondent's costs of responding to the motion on an indemnity basis Legislation Cited: Trustee Act 1925 (NSW) Cases Cited: Crawford v McIntosh [2004] NSWSC 180 NSW Trustee & Guardian v Hull & Anor (No 2) [2011] NSWSC 1361 Category: Costs Parties: Jack Edward Walsh, Administrator under Letters of Administration 23 July 2004 of the Estate of Jeanette Irene Walsh (Applicant) Russell Eric Templeton, Administrator under Letters of Administration 31 March 2014 of the Estate of Lucille Mary Kathleen Marshall (nee Walsh) (Respondent) Representation: Counsel: J E Thomson (Applicant - Jack Edward Walsh) G B Colyer (Respondent - Russell Eric Templeton)

Solicitors: Lincoln Smith & Company Solicitors (Applicant - Jack Edward Walsh) Keypoint Law (Respondent - Russell Eric Templeton) File Number(s): 2005/00262592