Everts v Liepins (No 2) [2022] NSWSC 1598

Everts v Liepins (No 2) [2022] NSWSC 1598

Given the respondent's failure to comply with court orders regarding estate administration and to appear at hearings, together with the usual principle that the successful party should have its costs, the respondent is ordered to personally pay the applicant's costs of the notice of motion. If any costs are paid from the estate, the respondent must reimburse the estate.

Jurisdiction
Australia
Judgment Date
17 November 2022
Procedural Posture
Notice of Motion Regarding Costs / Post Judgment (costs Hearing)
Outcome
Applicant's costs of the notice of motion to be paid personally by the respondent; respondent to reimburse the estate if costs are paid out of it; no order as to respondent's costs in resisting the motion or compliance; service requirements for orders and reasons.
Legal Topics
['costs of Notice of Motion Against Executor' 'failure to Comply With Court Orders' "executor's Personal Liability for Costs"]
['succession' 'equity'] ['costs of Notice of Motion Against Executor' 'failure to Comply With Court Orders' "executor's Personal Liability for Costs"]

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Procedural Posture

Notice of Motion Regarding Costs / Post Judgment (costs Hearing)

Legal Issues

  1. 1 ["Should the respondent, as executor, personally pay the applicant's costs of the notice of motion?" 'Should the respondent be permitted any costs out of the estate for resisting the notice of motion or compliance with court orders?']

Ratio Decidendi

Given the respondent's failure to comply with court orders regarding estate administration and to appear at hearings, together with the usual principle that the successful party should have its costs, the respondent is ordered to personally pay the applicant's costs of the notice of motion. If any costs are paid from the estate, the respondent must reimburse the estate.

Court Disposition

Applicant's costs of the notice of motion to be paid personally by the respondent; respondent to reimburse the estate if costs are paid out of it; no order as to respondent's costs in resisting the motion or compliance; service requirements for orders and reasons.

Orders

  • ["Respondent to personally pay applicant's costs for the notice of motion filed on 12 April 2022. To the extent any costs are paid from the estate, respondent must reimburse the estate." "No order as to respondent's costs relating to resisting the applicant's notice of motion, or compliance with relevant orders."...