Estate of Melville Gooley [2021] NSWSC 268

Estate of Melville Gooley [2021] NSWSC 268

Because the parties identified a potential ambiguity in the phrase at [29] of the costs judgment, the Court clarified the order by replacing that sentence with wording making clear that there would be no order as to their costs and that they would pay their own costs of the litigation personally.

Jurisdiction
Australia
Judgment Date
16 March 2021
Procedural Posture
Succession — Contested Probate — Testamentary Capacity; Costs / Consequential Orders Correcting [29] of Costs Judgment Under the Slip Rule
Outcome
Correction to [29] of costs judgment.
Legal Topics
['contested Probate' 'testamentary Capacity' 'costs From Estate' 'no Order as to Costs' 'slip Rule']
['succession' 'civil Procedure' 'costs'] ['contested Probate' 'testamentary Capacity' 'costs From Estate' 'no Order as to Costs' 'slip Rule']

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Procedural Posture

Succession — Contested Probate — Testamentary Capacity; Costs / Consequential Orders Correcting [29] of Costs Judgment Under the Slip Rule

Legal Issues

  1. 1 ['Whether a potential ambiguity in the wording of [29] of the costs judgment should be formally clarified under Uniform Civil Procedure Rules 2005 (NSW) r.36.17.']

Ratio Decidendi

Because the parties identified a potential ambiguity in the phrase at [29] of the costs judgment, the Court clarified the order by replacing that sentence with wording making clear that there would be no order as to their costs and that they would pay their own costs of the litigation personally.

Court Disposition

Correction to [29] of costs judgment.

Orders

  • ['The sentence in [29] of the costs judgment reading "I consider it fair in all the circumstances that they pay the costs of the litigation agreed or taxed personally on an ordinary basis" was replaced with "I consider it fair in all the circumstances that I make no order as to their costs such that they will pay...