AB v Curry & Anor (No. 2) [2015] NSWSC 1209

AB v Curry & Anor (No. 2) [2015] NSWSC 1209

The defendants' offer of a $220,000 legacy was substantially more favourable to the plaintiff than the provision ultimately ordered, even allowing for chattels estimated at about $5,000. The plaintiff did not better the offer, and her allegations about the defendants' conduct were irrelevant, unsupported by evidence, or increased costs unnecessarily. There was no good reason to order otherwise under UCPR r 42.15, so the defendants were entitled to indemnity costs from the day after the offer.

Jurisdiction
Australia
Judgment Date
28 August 2015
Procedural Posture
Costs in Family Provision Proceedings / Determination of Costs After Judgment on Provision
Outcome
Defendants' costs application under UCPR r 42.15 accepted; no order otherwise made.
Legal Topics
['family Provision Claim' 'offer of Compromise' 'ucpr R 42.15' 'indemnity Costs' 'ordinary Basis Costs' 'chattels']
['costs' 'succession' 'civil Procedure'] ['family Provision Claim' 'offer of Compromise' 'ucpr R 42.15' 'indemnity Costs' 'ordinary Basis Costs' 'chattels']

Case Brief

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Procedural Posture

Costs in Family Provision Proceedings / Determination of Costs After Judgment on Provision

Legal Issues

  1. 1 ["Whether the plaintiff obtained an order or judgment no more favourable than the defendants' offer of compromise for the purposes of UCPR r 42.15." 'Whether the Court should otherwise order under UCPR r 42.15(2) in a family provision claim.' "Whether the order for delivery of chattels meant the plaintiff had bettered the defendants' offer of compromise." "Whether the plaintiff's allegations about the defendants' conduct justified a departure from the ordinary cost consequences of the offer of compromise."]

Ratio Decidendi

The defendants' offer of a $220,000 legacy was substantially more favourable to the plaintiff than the provision ultimately ordered, even allowing for chattels estimated at about $5,000. The plaintiff did not better the offer, and her allegations about the defendants' conduct were irrelevant, unsupported by evidence, or increased costs unnecessarily. There was no good reason to order otherwise under UCPR r 42.15, so the defendants were entitled to indemnity costs from the day after the offer.

Court Disposition

Defendants' costs application under UCPR r 42.15 accepted; no order otherwise made.

Orders

  • ["The defendants pay the plaintiff's costs of the proceedings on the ordinary basis up to 24 September 2014." "The plaintiff pay the defendants' costs of the proceedings on the indemnity basis from 25 September 2014."]