Squire v Squire (No 2) [2019] NSWCA 120

Squire v Squire (No 2) [2019] NSWCA 120

The litigation is 'inter partes', with respondent ultimately unsuccessful; thus ordinary rules for costs apply. Appellants' costs assessed on ordinary basis up to 14 November 2016 and on indemnity basis thereafter, capped at $50,000. Appeal costs capped at $31,000. Notional estate to fund provisions ($85,000 each appellant), costs, and certificate under Suitors' Fund Act if respondent qualified.

Jurisdiction
Australia
Judgment Date
22 May 2019
Procedural Posture
Appeal / Costs Determination After Appeal Allowed
Outcome
Appeal allowed; orders set aside; amounts ordered from notional estate; costs orders and certificate provisions.
Legal Topics
['costs' 'appeals' 'notional Estate' 'succession Act Applications']
['equity' 'succession'] ['costs' 'appeals' 'notional Estate' 'succession Act Applications']

Case Brief

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Procedural Posture

Appeal / Costs Determination After Appeal Allowed

Legal Issues

  1. 1 ["Proper assessment and capping of appellants' recoverable costs at first instance and on appeal" 'Application of notional estate under Succession Act 2006 (NSW), s 59' 'Distribution of proceeds and accrued interest held in ING account as notional estate']

Ratio Decidendi

The litigation is 'inter partes', with respondent ultimately unsuccessful; thus ordinary rules for costs apply. Appellants' costs assessed on ordinary basis up to 14 November 2016 and on indemnity basis thereafter, capped at $50,000. Appeal costs capped at $31,000. Notional estate to fund provisions ($85,000 each appellant), costs, and certificate under Suitors' Fund Act if respondent qualified.

Court Disposition

Appeal allowed; orders set aside; amounts ordered from notional estate; costs orders and certificate provisions.

Orders

  • ['Appeal allowed.' 'Orders 1, 2, 3 and 4 made by Kunc J on 4 May 2018 set aside, except for costs order from Hallen J on 14 November 2016.' 'Amount held in ING account designated as notional estate of late Richard Squire.' '$85,000 to be paid to each appellant from notional estate, with interest if not paid before...