Tobin v Ezekiel; Estate of Lily Ezekiel [2011] NSWSC 571

Tobin v Ezekiel; Estate of Lily Ezekiel [2011] NSWSC 571

Given the intertwined nature of the issues, the significance of the defendants’ untruthful accounts, and both parties’ contribution to complexity and costs, it is just that the unsuccessful plaintiffs pay a fixed proportion of the defendants' costs ($100,000), but not the totality.

Jurisdiction
Australia
Judgment Date
23 May 2011
Procedural Posture
Probate and Family Provision Litigation / Post Trial Costs and Injunction Orders Pending Appeal
Outcome
Plaintiffs and defendants ordered not to alienate or encumber specified real property without notice; plaintiffs to pay defendants' costs fixed at $100,000.
Legal Topics
['preservation of Assets Pending Appeal' 'costs Orders in Probate and Family Provision Cases' 'undue Influence' 'testamentary Capacity' 'disclosure Obligations']
['equity' 'probate' 'family Provision' 'injunctions' 'costs'] ['preservation of Assets Pending Appeal' 'costs Orders in Probate and Family Provision Cases' 'undue Influence' 'testamentary Capacity' 'disclosure Obligations']

Case Brief

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Procedural Posture

Probate and Family Provision Litigation / Post Trial Costs and Injunction Orders Pending Appeal

Legal Issues

  1. 1 ['Whether to make preservation orders regarding real property pending appeal' "How costs should be apportioned in complex probate/family provision litigation involving both parties' conduct"]

Ratio Decidendi

Given the intertwined nature of the issues, the significance of the defendants’ untruthful accounts, and both parties’ contribution to complexity and costs, it is just that the unsuccessful plaintiffs pay a fixed proportion of the defendants' costs ($100,000), but not the totality.

Court Disposition

Plaintiffs and defendants ordered not to alienate or encumber specified real property without notice; plaintiffs to pay defendants' costs fixed at $100,000.

Orders

  • ["Plaintiffs and defendants not to alienate or encumber certain real property (Beach Road, Bondi Beach and specified plaintiffs' homes) without 28 days written notice to the other's solicitors, notice to specify details of proposed dealing." 'Liberty to apply to vary order or address further applications.'...