Steven Binetter as the representative of the Estate of the Late Ida Wolff v Ronald Binetter [2020] NSWSC 552

Supreme Court New South Wales

Medium Neutral Citation: Steven Binetter as the representative of the Estate of the Late Ida Wolff v Ronald Binetter [2020] NSWSC 552 Hearing dates: 8 May 2020 Date of orders: 13 May 2020 Decision date: 13 May 2020 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The plaintiff is to give the defendant security for its costs of the proceedings in the amount of $145,000 within 35 days;

(2) The parties confer in relation to the form of security;

(3) Grant the parties liberty to apply on 2 days notice in relation to the form of security or such other orders as are necessary to give effect to the Court's judgment;

(4) The plaintiff pay the defendant's costs of the notice of motion filed 8 April 2020.

(5) The defendant's notice of motion filed 8 April 2020 be otherwise dismissed. Catchwords: Security for costs – plaintiff is overseas executor of local deceased estate – deeming provision in s 97(1) of Probate and Administration Act 1898 – delay – impact on allowance for past costs – security ordered Legislation Cited: Civil Procedure Act 2005 Limitation Act 1969 Probate and Administration Act 1898 Trustee Act 1925 Cases Cited: Funds First Pty Ltd v Owners Corporation Strata Plan 66609 (No 2) [2008] NSWSC 428 Green (as liquidator of Arimco Mining Pty Ltd) v CGU Insurance Ltd [2008] NSWCA 148 In Estate de Wild, deceased [2019] NSWSC 1128 In the matter of 77738930144 Pty Limited (in liquidation) (ACN 103 983 777) (formerly known as Commercial Indemnity Pty Limited) [2019] NSWSC 626 In the matter of Colorado Products Pty Limited (in prov liq) [2013] NSWSC 611 In the matter of Felan's Fisheries Pty Limited [2016] NSWSC 1351 Litmus Australia Pty Ltd (in liq) v Canty [2007] NSWSC 670 Muller v Dalgety & Co Ltd (1909) 9 CLR 693; [1909] HCA 67 Wellington Capital Ltd v ASIC (2014) 254 CLR 288; [2014] HCA 43 Category: Procedural and other rulings Parties: Steven Binetter as the Representative of the Estate of the Late Ida Wolff (Plaintiff/Respondent) Ronald Binetter (Defendant/Applicant) Representation: Counsel: C Freeman (Plaintiff) C O'Neill (Defendant)