Wood v Inglis (Costs) [2009] NSWSC 900

Wood v Inglis (Costs) [2009] NSWSC 900

The proceedings were not analogous to a construction suit but were adversarial litigation between beneficiaries (and the estate) and unsuccessful parties who resisted the cross-claim must pay costs; the deceased’s conduct did not make him responsible for the litigation, and no special costs order was warranted against the cross-claimant for issues raised but not determined.

Jurisdiction
Australia
Judgment Date
01 September 2009
Procedural Posture
Equity Probate/trusts / Consequential Orders on Costs After Judgment of Separate Questions
Outcome
Order for costs
Legal Topics
['costs' 'probate' 'trust Administration' 'construction Suits' 'testamentary Expenses' 'contested Wills']
['equity' 'trusts and Estates' 'civil Procedure'] ['costs' 'probate' 'trust Administration' 'construction Suits' 'testamentary Expenses' 'contested Wills']

Case Brief

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Procedural Posture

Equity Probate/trusts / Consequential Orders on Costs After Judgment of Separate Questions

Legal Issues

  1. 1 ['Whether costs should be borne by the estate or paid by the unsuccessful cross-defendants' 'Whether the proceedings were analogous to a construction suit' 'Whether the proceedings were the fault of the deceased' 'Whether agitation of issues not ultimately determined justified any special costs order']

Ratio Decidendi

The proceedings were not analogous to a construction suit but were adversarial litigation between beneficiaries (and the estate) and unsuccessful parties who resisted the cross-claim must pay costs; the deceased’s conduct did not make him responsible for the litigation, and no special costs order was warranted against the cross-claimant for issues raised but not determined.

Court Disposition

Order for costs

Orders

  • ["Order that the second, third and fourth cross-defendants pay the cross-claimant's costs of the proceedings on the issues determined separately under the order made on 16 December 2008." "Court will hear counsel as to whether to make orders for rectification of corporate registers in accordance with Part B of Mr...