Grant Kornel Power v Miklos Power & Ors; Marc Robert Power v Miklos Power & Ors [2010] NSWSC 205

Grant Kornel Power v Miklos Power & Ors; Marc Robert Power v Miklos Power & Ors [2010] NSWSC 205

Defendants' unreasonable and delinquent conduct in failing to comply with consent court orders for payment of legacies left plaintiffs with no reasonable alternative but to file enforcement notices of motion; this conduct justified an award of indemnity costs to the plaintiffs.

Jurisdiction
Australia
Judgment Date
23 March 2010
Procedural Posture
Interlocutory Proceedings / Costs Orders Following Dismissal of Notices of Motion
Outcome
Notices of motion in both proceedings dismissed; indemnity costs awarded against fourth, fifth, and sixth defendants in each proceeding.
Legal Topics
['costs' 'indemnity Costs' 'family Provision Act' 'court Orders' 'compliance' 'notional Estate']
['practice and Procedure' 'family Provision'] ['costs' 'indemnity Costs' 'family Provision Act' 'court Orders' 'compliance' 'notional Estate']

Case Brief

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Procedural Posture

Interlocutory Proceedings / Costs Orders Following Dismissal of Notices of Motion

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded in proceedings resolved without a hearing on the merits' "Whether defendants' conduct in failing to comply with court orders was unreasonable or delinquent" 'Whether plaintiffs acted reasonably in commencing enforcement notice of motions']

Ratio Decidendi

Defendants' unreasonable and delinquent conduct in failing to comply with consent court orders for payment of legacies left plaintiffs with no reasonable alternative but to file enforcement notices of motion; this conduct justified an award of indemnity costs to the plaintiffs.

Court Disposition

Notices of motion in both proceedings dismissed; indemnity costs awarded against fourth, fifth, and sixth defendants in each proceeding.

Orders

  • ['In no. 1042/03, notice of motion filed 10 December 2009 dismissed.' 'In no. 2972/06, amended notice of motion filed 17 December 2009 dismissed.' "In each of no. 1042/03 and 2972/06, fourth, fifth and sixth defendants to pay plaintiffs' costs on an indemnity basis."]