Nicol v Nicole; The Estate of Peter Nicole [2020] NSWSC 419

Supreme Court New South Wales

Medium Neutral Citation: Nicol v Nicole; The Estate of Peter Nicole [2020] NSWSC 419 Hearing dates: In Chambers and on the papers Date of orders: 20 April 2020 Decision date: 20 April 2020 Jurisdiction: Equity Before: Hallen J Decision: Makes no order as to costs, with the intent that each party will bear his own costs, respectively, of the proceedings, including the costs of the argument as to costs. Catchwords: COSTS – Probate and administration of the deceased estate – Deceased died in 2018 – Deceased left a will appointing his two sons as executors and trustees of his estate – Somewhat acrimonious relationship between the two sons – Contentious proceedings commenced – Contest between two sons as to who should be appointed as the executor of deceased's estate – Each sought, by way of principal relief, his appointment only – Ultimately agreed that an independent solicitor should be appointed to administer the estate and orders were made for that appointment – No adjudication on the merits of the claims by each - Sole issue left for determination is how the costs of the proceedings should be determined Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Baulderstone Hornibrook Engineering Pty Limited v Gordian Runoff Limited (No 2) [2009] NSWCA 12 Callaway v Callaway; The Estate of Aileen Margaret Callaway [2019] NSWSC 1275 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 Edwards Madigan Torzillo Briggs Pty Ltd v Stack [2003] NSWCA 302 Fordyce v Fordham (2006) 67 NSWLR 497; [2006] NSWCA 274 Fysh v Coote [2000] VSCA 150 Mavrideros v Mack (1998) 45 NSWLR 80 Miller v Cameron (1936) 54 CLR 572; [1936] HCA 13 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Category: Costs Parties: Nicolas Nicol (Plaintiff) Jack Nicole (Defendant) Representation: Counsel: J R B Pearson (Plaintiff) P J Muscat (Defendant)