Peter Deerson & Ors v Elizabeth Dee [2014] NSWSC 1061

Peter Deerson & Ors v Elizabeth Dee [2014] NSWSC 1061

As the dispute was settled by consent without a hearing on the merits, and neither party was found to have acted so unreasonably as to justify an adverse costs order, the court determined that there should be no order as to costs except for the costs order already made on 17 September 2013.

Parties
First Plaintiff: Peter Fred Deerson; Second Plaintiff: Louise Frances Deerson; Third Plaintiff: Robert Walter Deerson; Fourth Plaintiff: Alexander Jacob Deerson; Defendant: Elizabeth Dee
Jurisdiction
Australia
Judgment Date
06 August 2014
Procedural Posture
Civil Proceedings (equity Division) / Post Settlement, Costs Determination
Outcome
No order as to costs (other than previous costs order of 17 September 2013 upheld).
Legal Topics
Trustee Duties, Estate Administration, Family Provision Act, Costs Orders
Equity Trusts Estates Costs Trustee Duties Estate Administration Family Provision Act Costs Orders

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Parties

Peter Fred Deerson

First Plaintiff

Louise Frances Deerson

Second Plaintiff

Robert Walter Deerson

Third Plaintiff

Alexander Jacob Deerson

Fourth Plaintiff

Elizabeth Dee

Defendant

Procedural Posture

Civil Proceedings (equity Division) / Post Settlement, Costs Determination

Legal Issues

  1. 1 Whether indemnity costs should be awarded to the plaintiffs
  2. 2 Whether there should be no order as to costs
  3. 3 Whether earlier costs order should be vacated

Ratio Decidendi

As the dispute was settled by consent without a hearing on the merits, and neither party was found to have acted so unreasonably as to justify an adverse costs order, the court determined that there should be no order as to costs except for the costs order already made on 17 September 2013.

Court Disposition

No order as to costs (other than previous costs order of 17 September 2013 upheld).

Orders

  • No order as to costs except for the costs order made on 17 September 2013.
  • Application to vacate earlier costs order refused.