Alessandra Hart v Gerard John Basha [2024] NSWSC 1559

Alessandra Hart v Gerard John Basha [2024] NSWSC 1559

The plaintiff's offer of compromise was invalid as it failed to comply with UCPR r 20.26(2)(a)(ii) and s 65 of the Succession Act. Therefore, indemnity costs were not available under r 42.14. Plaintiff's costs are to be paid out of the estate on the ordinary basis, with disputes about quantum determined by assessment, and costs thrown away by adjournments are not to be borne by the estate but by the plaintiff. Defendant's costs to be paid out of the estate on an indemnity basis.

Parties
Plaintiff: Alessandra Hart; Defendant: Gerard John Basha
Jurisdiction
Australia
Judgment Date
04 December 2024
Procedural Posture
Family Provision / Estate Dispute / Costs Judgment After Final Hearing
Outcome
Costs orders made as set out at [14]: apportions certain costs to the plaintiff and determines basis of payments from the estate and between parties.
Legal Topics
Costs, Family Provision, Promissory Estoppel, Case Management
Equity Succession Law Civil Procedure Costs Family Provision Promissory Estoppel Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Alessandra Hart

Plaintiff

Gerard John Basha

Defendant

Procedural Posture

Family Provision / Estate Dispute / Costs Judgment After Final Hearing

Legal Issues

  1. 1 Whether the plaintiff's offer of compromise was valid under r 20.26 of the Uniform Civil Procedure Rules 2005 (NSW) and s 65 of the Succession Act 2006 (NSW)
  2. 2 Whether the plaintiff's costs should be paid out of the deceased's estate and on what basis
  3. 3 Whether costs should be apportioned between unsuccessful and successful claims

Ratio Decidendi

The plaintiff's offer of compromise was invalid as it failed to comply with UCPR r 20.26(2)(a)(ii) and s 65 of the Succession Act. Therefore, indemnity costs were not available under r 42.14. Plaintiff's costs are to be paid out of the estate on the ordinary basis, with disputes about quantum determined by assessment, and costs thrown away by adjournments are not to be borne by the estate but by the plaintiff. Defendant's costs to be paid out of the estate on an indemnity basis.

Court Disposition

Costs orders made as set out at [14]: apportions certain costs to the plaintiff and determines basis of payments from the estate and between parties.

Orders

  • Plaintiff to pay her own costs and defendant's costs thrown away due to adjournments (3 June 2024 - 1 August 2024) including costs of all related directions hearings.
  • Defendant's costs to be paid by the plaintiff under order (1) to be paid on the ordinary basis as agreed or assessed.