Johnson v Krishnan [2008] NSWSC 665

Johnson v Krishnan [2008] NSWSC 665

The circumstances, including delayed communication of Edward's renunciation of benefit under the Second Will and Vincent's reasonable conduct as executor, justify a departure from the usual costs rule upon discontinuance. Both parties' costs should be paid from the estate.

Jurisdiction
Australia
Judgment Date
30 June 2008
Procedural Posture
Probate Dispute / Leave to Discontinue Cross Claim; Costs Determination
Outcome
Leave to discontinue granted; both parties' costs to come out of the estate.
Legal Topics
['costs on Discontinuance' 'will Validity' 'executor Duties']
['probate' 'equity'] ['costs on Discontinuance' 'will Validity' 'executor Duties']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Probate Dispute / Leave to Discontinue Cross Claim; Costs Determination

Legal Issues

  1. 1 ["Whether circumstances justified departure from ordinary rule that discontinuing party must pay opponent's costs" 'Whether costs should be paid out of the estate' 'Whether Vincent acted reasonably in prosecuting the Cross Claim']

Ratio Decidendi

The circumstances, including delayed communication of Edward's renunciation of benefit under the Second Will and Vincent's reasonable conduct as executor, justify a departure from the usual costs rule upon discontinuance. Both parties' costs should be paid from the estate.

Court Disposition

Leave to discontinue granted; both parties' costs to come out of the estate.

Orders

  • ['Defendant/Cross Claimant granted leave to file Notice of Discontinuance.' "Defendant/Cross Claimant's costs to be paid out of the estate on the trustee basis." "Plaintiff's costs to be paid out of the estate on the trustee basis."]