Perez v Ciabattoni (No 2) [2024] NSWSC 262

Perez v Ciabattoni (No 2) [2024] NSWSC 262

It is appropriate that Ms Perez bear some portion of Mr Ciabattoni’s costs out of her share of the estate given her unsuccessful claim and conduct, but conduct does not warrant indemnity costs. No order is made as to the plaintiff’s costs.

Jurisdiction
Australia
Judgment Date
19 March 2024
Procedural Posture
Family Provision Claim / Post Judgment, Determination of Costs
Outcome
Defendant's costs to be paid out of plaintiff's share of the estate; no order as to plaintiff's costs.
Legal Topics
['costs']
['equity'] ['costs']

Case Brief

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Procedural Posture

Family Provision Claim / Post Judgment, Determination of Costs

Legal Issues

  1. 1 ["Who should bear the costs of the proceedings after the plaintiff's unsuccessful family provision claim"]

Ratio Decidendi

It is appropriate that Ms Perez bear some portion of Mr Ciabattoni’s costs out of her share of the estate given her unsuccessful claim and conduct, but conduct does not warrant indemnity costs. No order is made as to the plaintiff’s costs.

Court Disposition

Defendant's costs to be paid out of plaintiff's share of the estate; no order as to plaintiff's costs.

Orders

  • ["Defendant's costs of the proceedings to be paid out of the plaintiff's share of the estate on the ordinary basis." "No order as to the plaintiff's costs."]