Harrisson v Skinner (No 2) [2013] NSWSC 762

Harrisson v Skinner (No 2) [2013] NSWSC 762

Overall justice required that plaintiffs pay the defendants' costs on the ordinary basis; any additional indemnity costs not so met to be paid from the estate. No costs capping or order for plaintiffs' costs; the usual rule as to costs following the event applies, even in a small estate, absent compelling reasons to the contrary.

Parties
First Plaintiff: Terese Ellen Harrisson; Second Plaintiff: Karen Drinkwater; First Defendant: Christine Mary Skinner; Second Defendant: Julie Anne Nott
Jurisdiction
Australia
Judgment Date
01 July 2013
Procedural Posture
Family Provision Order Application / Costs Determination After Dismissal of Application
Outcome
Plaintiffs to pay defendants’ costs on the ordinary basis; any unrecouped indemnity costs to be paid from the estate; no order for plaintiffs' costs.
Legal Topics
Family Provision Orders, Costs in Succession Litigation, Discretionary Costs Orders
Succession Law Civil Procedure Family Provision Orders Costs in Succession Litigation Discretionary Costs Orders

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Parties

Terese Ellen Harrisson

First Plaintiff

Karen Drinkwater

Second Plaintiff

Christine Mary Skinner

First Defendant

Julie Anne Nott

Second Defendant

Procedural Posture

Family Provision Order Application / Costs Determination After Dismissal of Application

Legal Issues

  1. 1 Whether unsuccessful applicants for family provision orders should pay the defendants' costs
  2. 2 Whether any costs should be paid out of the estate
  3. 3 Whether a costs capping order should be made in a small estate

Ratio Decidendi

Overall justice required that plaintiffs pay the defendants' costs on the ordinary basis; any additional indemnity costs not so met to be paid from the estate. No costs capping or order for plaintiffs' costs; the usual rule as to costs following the event applies, even in a small estate, absent compelling reasons to the contrary.

Court Disposition

Plaintiffs to pay defendants’ costs on the ordinary basis; any unrecouped indemnity costs to be paid from the estate; no order for plaintiffs' costs.

Orders

  • Order the Plaintiffs to pay the Defendants' costs, calculated on the ordinary basis.
  • Order that to the extent that there are any costs of the Defendants, calculated on the indemnity basis, not met by the costs order made, those costs should be paid out of the estate.