Heffernan v Innes & Anor (No 2) [2021] NSWSC 1187

Heffernan v Innes & Anor (No 2) [2021] NSWSC 1187

Given the defendants' lack of success, persistent pursuit of unsubstantiated and serious allegations, and unreasonable rejection of reasonable settlement offers after being reasonably informed of the case's weaknesses by end of January 2021, it is just to order that the defendants pay the plaintiff's costs on the ordinary basis up to 1 March 2021 and thereafter on the indemnity basis.

Jurisdiction
Australia
Judgment Date
17 September 2021
Procedural Posture
Probate/costs Application / Post Judgment Costs Determination
Outcome
Defendants ordered to pay Plaintiff’s costs (ordinary basis up to 1 March 2021, indemnity basis thereafter); cross claim dismissed; other orders made for administration of estate.
Legal Topics
['costs' 'probate Proceedings' 'testamentary Capacity' 'informal Wills' 'indemnity Costs' 'calderbank Offers']
['equity' 'probate' 'civil Procedure'] ['costs' 'probate Proceedings' 'testamentary Capacity' 'informal Wills' 'indemnity Costs' 'calderbank Offers']

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Procedural Posture

Probate/costs Application / Post Judgment Costs Determination

Legal Issues

  1. 1 ['How the costs of contested probate proceedings should be borne after findings on an informal will and serious unproven allegations' 'Whether an indemnity costs order in favour of the plaintiff should be made given the conduct of the defendants, their lack of success, and settlement offers']

Ratio Decidendi

Given the defendants' lack of success, persistent pursuit of unsubstantiated and serious allegations, and unreasonable rejection of reasonable settlement offers after being reasonably informed of the case's weaknesses by end of January 2021, it is just to order that the defendants pay the plaintiff's costs on the ordinary basis up to 1 March 2021 and thereafter on the indemnity basis.

Court Disposition

Defendants ordered to pay Plaintiff’s costs (ordinary basis up to 1 March 2021, indemnity basis thereafter); cross claim dismissed; other orders made for administration of estate.

Orders

  • ['Declare informal document (Ex. P11) states testamentary intentions of deceased and forms the Will (Succession Act 2006 (NSW), s 8)' 'Grant letters of administration with informal document annexed to Plaintiff, limited until original is produced' 'Remit matter to Senior Deputy Registrar in Probate to complete...