Re Estate Soulos (No 2) [2023] NSWSC 95

Re Estate Soulos (No 2) [2023] NSWSC 95

Costs orders should reflect the parties' relative success and responsibility in the numerous interrelated probate, family provision, and company oppression proceedings, with costs of successful plaintiffs (Maria, Dennis, James) to be paid from the estate, management shares generally quarantined from liability for costs, and responsible directors (Nick and John) personally liable for Maria's costs in the Esperia Court oppression suit. Costs incurred by executors (including Nick, only in his executorial role) to be paid on an indemnity basis from the estate. Specific orders on quantum and allocation of cost burdens are deferred pending supplementary submissions on quarantine and...

Jurisdiction
Australia
Judgment Date
16 February 2023
Procedural Posture
Multiple Related Equity (probate/family Provision/oppression) Proceedings / Post Judgment; Costs Orders Proposed, Supplementary Submissions Invited
Outcome
Provisional costs orders proposed; supplementary submissions invited; final orders deferred
Legal Topics
['costs' 'family Provision' 'company Oppression' 'distribution of Estate Shares']
['equity' 'probate' 'succession' 'corporations'] ['costs' 'family Provision' 'company Oppression' 'distribution of Estate Shares']

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Procedural Posture

Multiple Related Equity (probate/family Provision/oppression) Proceedings / Post Judgment; Costs Orders Proposed, Supplementary Submissions Invited

Legal Issues

  1. 1 ['Allocation of responsibility for costs among parties to related probate, family provision, and company oppression proceedings' 'Whether management shares in Esperia Court Pty Ltd should be quarantined from the burden of costs orders' "Appropriate basis (ordinary or indemnity) for payment of executors', beneficiaries', and applicants' costs out of the deceased's estate" 'Whether some parties (esp. Nick and John) should bear personal costs liability due to adversarial roles']

Ratio Decidendi

Costs orders should reflect the parties' relative success and responsibility in the numerous interrelated probate, family provision, and company oppression proceedings, with costs of successful plaintiffs (Maria, Dennis, James) to be paid from the estate, management shares generally quarantined from liability for costs, and responsible directors (Nick and John) personally liable for Maria's costs in the Esperia Court oppression suit. Costs incurred by executors (including Nick, only in his executorial role) to be paid on an indemnity basis from the estate. Specific orders on quantum and allocation of cost burdens are deferred pending supplementary submissions on quarantine and...

Court Disposition

Provisional costs orders proposed; supplementary submissions invited; final orders deferred

Orders

  • ['Supplementary submissions invited on whether and how management shares in Esperia Court Pty Ltd should be quarantined from costs']