Nobarani v Mariconte [No 2]Citation:[2018] HCA 49Before:Kiefel CJ, Gageler, Nettle, Gordon, Edelman JJDate:17 Oct 2018Case Number:S270/2017Read more

Nobarani v Mariconte [No 2]Citation:[2018] HCA 49Before:Kiefel CJ, Gageler, Nettle, Gordon, Edelman JJDate:17 Oct 2018Case Number:S270/2017Read more

The Court held that the respondent's costs were properly and reasonably incurred in connection with the administration of the estate and should be paid out of the estate on a trustee basis, despite the grant of probate being set aside.

Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
Australia
Judgment Date
17 October 2018
Procedural Posture
Probate Appeal / Judgment After Appeal
Outcome
Order granted in favour of respondent for costs to be paid out of the estate on a trustee basis.
Legal Topics
Costs, Grant of Probate, Administration of Estate
Wills and Probate Civil Procedure Costs Grant of Probate Administration of Estate

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Probate Appeal / Judgment After Appeal

Legal Issues

  1. 1 Whether the respondent's costs of trial and appeals should be paid out of the estate on a trustee basis after the grant of probate was set aside

Ratio Decidendi

The Court held that the respondent's costs were properly and reasonably incurred in connection with the administration of the estate and should be paid out of the estate on a trustee basis, despite the grant of probate being set aside.

Court Disposition

Order granted in favour of respondent for costs to be paid out of the estate on a trustee basis.

Orders

  • Respondent's costs of trial and appeals to be paid out of the estate of the deceased on a trustee basis.