Pang v Fong (No. 2) [2014] NSWSC 1924

Pang v Fong (No. 2) [2014] NSWSC 1924

The executors did not conduct the defence in a manner justifying personal liability for costs; however, as the plaintiff obtained a more favourable order than his earlier offer of compromise, his costs from the date of that offer should be on an indemnity basis out of the notional estate, with the difference from the ordinary basis to be borne by the first defendant.

Jurisdiction
Australia
Judgment Date
22 December 2014
Procedural Posture
Family Provision Application / Post Judgment; Costs Orders
Outcome
Orders as per part 56: Plaintiff receives the legacy comprising the balance of the notional estate after specified deductions and additions regarding costs; costs orders made as detailed in judgment.
Legal Topics
['family Provision' 'notional Estate' 'costs Orders' 'offers of Compromise' 'executor Conduct']
['succession' 'equity'] ['family Provision' 'notional Estate' 'costs Orders' 'offers of Compromise' 'executor Conduct']

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Procedural Posture

Family Provision Application / Post Judgment; Costs Orders

Legal Issues

  1. 1 ['Whether the executors should bear their own costs personally due to alleged adversarial conduct' "Whether the plaintiff's costs should be paid on an indemnity basis out of the notional estate after an offer of compromise was not accepted" 'Whether costs orders should depart from the usual practice in family provision matters due to conduct or offers']

Ratio Decidendi

The executors did not conduct the defence in a manner justifying personal liability for costs; however, as the plaintiff obtained a more favourable order than his earlier offer of compromise, his costs from the date of that offer should be on an indemnity basis out of the notional estate, with the difference from the ordinary basis to be borne by the first defendant.

Court Disposition

Orders as per part 56: Plaintiff receives the legacy comprising the balance of the notional estate after specified deductions and additions regarding costs; costs orders made as detailed in judgment.

Orders

  • ["Administration of the estate and notional estate is granted to first and second defendants for purposes of plaintiff's application." 'Half the monies in joint accounts designated as notional estate ($582,975.73).' "Provision for plaintiff in the form of a legacy of the balance of notional estate, inclusive of...