Estate Moran; Teasel v Hooke (No 2) [2015] NSWSC 88

Estate Moran; Teasel v Hooke (No 2) [2015] NSWSC 88

Where plaintiff and defendant, as only interested parties, engage in ordinary adversarial litigation regarding admission of an informal will, costs should follow the event rather than be paid out of the deceased estate, as no other interests than their own were engaged and each party had the opportunity to determine questions in dispute.

Jurisdiction
Australia
Judgment Date
16 February 2015
Procedural Posture
Contested Application for Admission of Informal Will to Probate / Costs Ruling Following Admission of Informal Will to Probate
Outcome
Defendant's notice of motion dismissed; defendant ordered to pay plaintiff's costs of motion, excluding costs of preparation of specific affidavit; principal proceedings adjourned for directions; liberty to apply reserved.
Legal Topics
['costs in Probate Proceedings' 'admission of Informal Will to Probate' 'general Principles of Costs' 'exceptions to Costs Following the Event']
['succession Law' 'probate'] ['costs in Probate Proceedings' 'admission of Informal Will to Probate' 'general Principles of Costs' 'exceptions to Costs Following the Event']

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Procedural Posture

Contested Application for Admission of Informal Will to Probate / Costs Ruling Following Admission of Informal Will to Probate

Legal Issues

  1. 1 ['Whether the costs of unsuccessfully opposing application for admission of an informal will to probate should be paid out of the estate or follow the event']

Ratio Decidendi

Where plaintiff and defendant, as only interested parties, engage in ordinary adversarial litigation regarding admission of an informal will, costs should follow the event rather than be paid out of the deceased estate, as no other interests than their own were engaged and each party had the opportunity to determine questions in dispute.

Court Disposition

Defendant's notice of motion dismissed; defendant ordered to pay plaintiff's costs of motion, excluding costs of preparation of specific affidavit; principal proceedings adjourned for directions; liberty to apply reserved.

Orders

  • ["Defendant's notice of motion filed 2 February 2015 dismissed." "Defendant to pay plaintiff's costs of motion, excluding costs for affidavit of Anthony Laarakkers affirmed 12 February 2015." 'Principal proceedings to be listed before Probate List Judge on 11 May 2015 for directions.' 'Liberty to apply reserved on...