Lawrence v Cox & Ors [2005] NSWCA 307

Lawrence v Cox & Ors [2005] NSWCA 307

Leave to appeal was refused because the attack on the executor's lack of reimbursement from the estate would be futile after the estate had been distributed and no estate assets remained in his hands, and in any event there was no reason to doubt the propriety of Bryson J's order denying indemnity given the executor's conduct of the administration and litigation. Leave to amend to attack the costs orders was refused because those costs orders were not open to reasonable objection. The natural justice grounds failed because the executor was self-represented by choice, had prior notice from earlier personal costs orders, and the judge was only required to afford a reasonable opportunity to...

Jurisdiction
Australia
Judgment Date
02 September 2005
Procedural Posture
Summons for Leave to Appeal From Costs Orders / New South Wales Court of Appeal Summons for Leave to Appeal
Outcome
Summons for leave to appeal dismissed with costs.
Legal Topics
['costs of Executor' 'trustee Indemnity' 'estate Administration' 'futile Orders' 'natural Justice' 'self Represented Litigants' 'leave to Amend']
['trusts' 'equity' 'civil Procedure'] ['costs of Executor' 'trustee Indemnity' 'estate Administration' 'futile Orders' 'natural Justice' 'self Represented Litigants' 'leave to Amend']

Case Brief

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Procedural Posture

Summons for Leave to Appeal From Costs Orders / New South Wales Court of Appeal Summons for Leave to Appeal

Legal Issues

  1. 1 ['Whether the executor should be entitled to reimburse or indemnify himself out of estate assets for costs ordered in favour of the remaining opponents.' 'Whether leave should be granted to amend the summons for leave to appeal and draft notice of appeal to attack the costs orders in favour of the remaining opponents.' "Whether the proposed orders would be futile because the estate had already been distributed and no estate assets remained in the executor's hands." 'Whether the executor was denied natural justice because, while self-represented, he was not warned that personal costs orders without reimbursement from the estate might be made.']

Ratio Decidendi

Leave to appeal was refused because the attack on the executor's lack of reimbursement from the estate would be futile after the estate had been distributed and no estate assets remained in his hands, and in any event there was no reason to doubt the propriety of Bryson J's order denying indemnity given the executor's conduct of the administration and litigation. Leave to amend to attack the costs orders was refused because those costs orders were not open to reasonable objection. The natural justice grounds failed because the executor was self-represented by choice, had prior notice from earlier personal costs orders, and the judge was only required to afford a reasonable opportunity to...

Court Disposition

Summons for leave to appeal dismissed with costs.

Orders

  • ['Leave to amend the summons for leave to appeal and draft notice of appeal refused.' 'Summons for leave to appeal dismissed with costs.']