Gus Kak v Allison Sarah Kak (née Boman) [No 2] [2020] NSWSC 187

Gus Kak v Allison Sarah Kak (née Boman) [No 2] [2020] NSWSC 187

There was no reason to depart from the rule that costs follow the event: although Gus may not have known about the will when proceedings commenced, he continued after learning of it; the executor had the right to determine burial matters absent compelling reasons; Gus' concessions and compromise offers strengthened Allison's case; and other costs decisions depended on their own circumstances.

Jurisdiction
Australia
Judgment Date
06 March 2020
Procedural Posture
Costs Ruling / On the Papers After Judgment in the Principal Dispute
Outcome
Plaintiff/Cross-Defendant is to pay the costs of the First Defendant/Cross-Claimant of the proceedings.
Legal Topics
['costs Follow the Event' 'costs Discretion' "executor's Right to Determine Burial Matters"]
['costs' 'civil Procedure' 'equity'] ['costs Follow the Event' 'costs Discretion' "executor's Right to Determine Burial Matters"]

Case Brief

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Procedural Posture

Costs Ruling / On the Papers After Judgment in the Principal Dispute

Legal Issues

  1. 1 ['Whether the successful First Defendant/Cross-Claimant should receive costs of the proceedings.' 'Whether circumstances relied on by the Plaintiff/Cross-Defendant justified departing from the usual order that costs follow the event.']

Ratio Decidendi

There was no reason to depart from the rule that costs follow the event: although Gus may not have known about the will when proceedings commenced, he continued after learning of it; the executor had the right to determine burial matters absent compelling reasons; Gus' concessions and compromise offers strengthened Allison's case; and other costs decisions depended on their own circumstances.

Court Disposition

Plaintiff/Cross-Defendant is to pay the costs of the First Defendant/Cross-Claimant of the proceedings.

Orders

  • ['The Plaintiff/Cross-Defendant is to pay the costs of the First Defendant/Cross-Claimant of the proceedings.']