Grant v Grant; Grant v Grant (No. 6) [2022] NSWSC 714

Grant v Grant; Grant v Grant (No. 6) [2022] NSWSC 714

The same reasons that justified a specified gross sum costs order for costs up to 4 April 2022 justified an additional order to 10 June 2022 because the later evidence was of a similar character and the circumstances were comparable. Equitable compensation was assessed by accepting unrebutted appraisal evidence that the Killcare property could be rented as a whole property and by awarding a discounted two-year rental figure to reflect occupation, likely rental limitations, pandemic effects, and expenses. A substantive stay was refused because the challenge to the 2018 will was not supported by evidence on the stay application, Kashaya Williams' liability arose from knowing participation...

Jurisdiction
Australia
Judgment Date
28 October 2022
Procedural Posture
Consequential Orders in Estate Recovery Proceedings and Family Provision Proceedings / Sixth Judgment; Applications for Specified Gross Sum Costs Orders, Equitable Compensation, and Stay of Judgments
Outcome
Additional specified gross sum costs order made against Kashaya Williams; equitable compensation awarded to the estate; substantive stay refused but judgments stayed temporarily for 28 days; liberty to apply granted for calculation errors.
Legal Topics
['gross Sum Costs Order Under Civil Procedure Act 2005, S 98(4)(c)' 'equitable Compensation for Deprivation of Trust Property' 'constructive Trusts' 'stay of Judgment Pending Probate Proceedings' 'administration of Estate Property']
['civil Procedure' 'costs' 'equity' 'succession and Probate'] ['gross Sum Costs Order Under Civil Procedure Act 2005, S 98(4)(c)' 'equitable Compensation for Deprivation of Trust Property' 'constructive Trusts' 'stay of Judgment Pending Probate Proceedings' 'administration of Estate Property']

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Procedural Posture

Consequential Orders in Estate Recovery Proceedings and Family Provision Proceedings / Sixth Judgment; Applications for Specified Gross Sum Costs Orders, Equitable Compensation, and Stay of Judgments

Legal Issues

  1. 1 ['Whether an additional specified gross sum costs order should be made for costs incurred after 4 April 2022 and up to 10 June 2022.' 'What quantum of equitable compensation should be awarded to the estate for deprivation of the Killcare property while occupied by Nerez Grant under a life interest granted by Kashaya Williams.' 'Whether judgments for costs and equitable compensation against Kashaya Williams should be stayed pending probate proceedings challenging the 2018 will and seeking probate of the 2012 will.']

Ratio Decidendi

The same reasons that justified a specified gross sum costs order for costs up to 4 April 2022 justified an additional order to 10 June 2022 because the later evidence was of a similar character and the circumstances were comparable. Equitable compensation was assessed by accepting unrebutted appraisal evidence that the Killcare property could be rented as a whole property and by awarding a discounted two-year rental figure to reflect occupation, likely rental limitations, pandemic effects, and expenses. A substantive stay was refused because the challenge to the 2018 will was not supported by evidence on the stay application, Kashaya Williams' liability arose from knowing participation...

Court Disposition

Additional specified gross sum costs order made against Kashaya Williams; equitable compensation awarded to the estate; substantive stay refused but judgments stayed temporarily for 28 days; liberty to apply granted for calculation errors.

Orders

  • ['For the purposes of these orders, proceedings number 2017/316190 are referred to as "the estate recovery proceedings", proceedings number 2018/139174 are referred to as "the family provision proceedings".' "Enter judgment in the estate recovery proceedings against the second defendant, Kashaya Williams, for the...