Noble v Durrant (No 2) [2023] NSWSC 835

Noble v Durrant (No 2) [2023] NSWSC 835

Plaintiffs were wholly unsuccessful in their family provision applications and failed to establish special factors warranting departure from the default costs rule; there was no sufficient reason to depart from 'costs follow the event', no basis for indemnity costs due to Calderbank Offer rejection, and no basis for capping or charging costs against trust monies. Plaintiffs to pay defendants' costs on the ordinary basis.

Jurisdiction
Australia
Judgment Date
17 July 2023
Procedural Posture
Family Provision Application / Costs Determination After Unsuccessful Application
Outcome
Plaintiffs to pay defendants' costs of proceedings on ordinary basis.
Legal Topics
['family Provision' 'costs' 'calderbank Offers']
['equity' 'succession' 'civil Procedure'] ['family Provision' 'costs' 'calderbank Offers']

Case Brief

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Procedural Posture

Family Provision Application / Costs Determination After Unsuccessful Application

Legal Issues

  1. 1 ["Whether plaintiffs should pay defendants' costs after unsuccessful family provision claim" 'Whether costs should be paid out of estate' 'Whether indemnity costs should be ordered due to Calderbank Offer rejection' 'Whether costs should be capped']

Ratio Decidendi

Plaintiffs were wholly unsuccessful in their family provision applications and failed to establish special factors warranting departure from the default costs rule; there was no sufficient reason to depart from 'costs follow the event', no basis for indemnity costs due to Calderbank Offer rejection, and no basis for capping or charging costs against trust monies. Plaintiffs to pay defendants' costs on the ordinary basis.

Court Disposition

Plaintiffs to pay defendants' costs of proceedings on ordinary basis.

Orders

  • ["Plaintiffs to pay defendants' costs as agreed or assessed on ordinary basis." 'No indemnity costs ordered.' 'No capping of costs.' 'No charging order made against plaintiffs’ trust monies.']