NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Spatt v Benson; Benson v Spatt [2019] NSWSC 1195 Hearing dates: 30 August 2019 Decision date: 10 September 2019 Jurisdiction: Equity Before: Kunc J Decision: Executor entitled to costs on the indemnity basis to be paid out of the estate and other parties to pay their own costs Catchwords: COSTS - Party/Party - Payable out of a fund - Deceased estate - Proceedings to remove executor and for judicial advice as to whether executor should defend - Proceedings resolved without a hearing on the merits - Whether executor entitled to costs of both proceedings on the indemnity basis from the estate Legislation Cited: Trustee Act 1925 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bovaird v Frost [2009] NSWSC 917 McNamara v San [2010] NSWSC 809 Murdocca v Murdocca (No 2) [2002] NSWSC 505 Nobarani v Mariconte [No 2] [2018] HCA 49; (2018) 360 ALR 390 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84; (2018) 97 NSWLR 681 Re Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Category: Costs Parties: 2017/245068 proceedings
Joel Spatt (Plaintiff)
Michael William Benson (First Defendant) Julie Merle Spatt (Second Defendant)
2017/356484 proceedings
Michael William Benson (Plaintiff)
Joel Spatt (First Defendant) Representation: Counsel:
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