Carrington v Wallace (No 2) [2020] NSWSC 5

It would not be proper to make final costs orders in excess of those agreed, as only the construction issue has been finally determined, and it remains premature to make further costs orders; appropriateness of a gross sum costs order requires further consideration and evidence.

Jurisdiction: Australia
Judgment Date: 13 January 2020
Procedural Posture: Equity Proceedings Regarding Administration of Deceased Estate / Costs Determination; Proceedings Stood Over for Further Consideration of Costs
Outcome: Proceedings stood over for further consideration of costs; no final determination on costs at this stage.
Legal Topics: ['costs Orders' 'construction of Will' 'administration of Deceased Estate' 'gross Sum Costs']

['equity'] ['costs Orders' 'construction of Will' 'administration of Deceased Estate' 'gross Sum Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Equity Proceedings Regarding Administration of Deceased Estate / Costs Determination; Proceedings Stood Over for Further Consideration of Costs

Legal Issues

1 ['Whether it is appropriate for the Court to make a specified gross sum costs order at this stage' 'How costs in relation to determined and unresolved issues should be apportioned between the parties and the estate' "Whether parties' costs should be paid out of the estate or by the parties personally"]

Ratio Decidendi

Court Disposition

Proceedings stood over for further consideration of costs; no final determination on costs at this stage.

Orders

['Proceedings stood over to 5 February 2020 to further consider the outstanding issue of the costs of the proceedings.']