Stegnjaic v Stegnjaic (No 2) [2019] NSWSC 1213

Supreme Court New South Wales

Medium Neutral Citation: Stegnjaic v Stegnjaic (No 2) [2019] NSWSC 1213 Hearing dates: 19 July 2019 Date of orders: 19 July 2019 Decision date: 19 July 2019 Jurisdiction: Equity - Family Provision List Before: Rein J Decision: 1. Defendant to pay 70 per cent of the Plaintiff's costs of the proceedings on the ordinary basis. 2. No order as to costs for the Defendant, and the Defendant is not entitled to recover his costs of defending the proceedings from the Estate. Catchwords: COSTS – Party/Party – Court's discretion – Where the plaintiff succeeded on some submissions but not on others – Where the Court awards costs to the plaintiff with respect to the successful portion of the proceedings.

COSTS – Party/Party – Exceptions to general rule that costs follow the event – Where the defendant is removed as the executor of a deceased estate on account of his conduct as executor.

COSTS – Party/Party – Payable out of a fund – Deceased estate – Where the plaintiff and defendant are the only beneficiaries of a deceased estate – Where an order that the estate pay both parties costs is otiose because, in effect, both parties would be paying 50% – Held: each party to bear their own costs in relation to that portion of the proceedings. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Waters v P C Henderson (Aust) Pty Ltd (unreported CA (NSW), Kirby P, Mahoney and Priestley JJA, 6 July 1994) Texts Cited: Nil Category: Costs Parties: Sinisa Stegnjaic (Plaintiff) Milorad Stegnjaic (Defendant) Representation: Counsel: Mr J. Brown (Plaintiff) Dr J. O'Shea (Defendant)