TROJA v TROJA [NO 2] [1994] NSWCA 321

TROJA v TROJA [NO 2] [1994] NSWCA 321

The order as to the costs payable to the Public Trustee was discretionary and no appealable error was shown in the trial judge's exercise of that discretion. The cross appeal (relating solely to costs) must be dismissed with costs.

Parties
Appellant/cross Respondent/wife/first Defendant: Jeanna Ann Troja; Respondent/cross Appellant/mother/plaintiff: Myrtle Elizabeth Troja; Second Respondent/defendant: Public Trustee
Jurisdiction
Australia
Judgment Date
11 May 1994
Procedural Posture
Civil Appeal and Cross Appeal / Judgment on Cross Appeal (costs) in Court of Appeal
Outcome
Cross appeal dismissed with costs.
Legal Topics
Forfeiture Rule, Costs Orders, Construction of Will, Leave to Appeal (costs)
Succession Law Costs Equity Forfeiture Rule Costs Orders Construction of Will Leave to Appeal (costs)

Case Brief

Summary, issues, holding and outcome

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Parties

Jeanna Ann Troja

Appellant/cross Respondent/wife/first Defendant

Myrtle Elizabeth Troja

Respondent/cross Appellant/mother/plaintiff

Public Trustee

Second Respondent/defendant

Procedural Posture

Civil Appeal and Cross Appeal / Judgment on Cross Appeal (costs) in Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in exercising his discretion in relation to the order for the Public Trustee's costs out of the estate
  2. 2 Whether the appellant (wife) should be ordered to pay the Public Trustee's costs rather than those costs coming out of the estate
  3. 3 Procedural competency of the cross appeal on costs

Ratio Decidendi

The order as to the costs payable to the Public Trustee was discretionary and no appealable error was shown in the trial judge's exercise of that discretion. The cross appeal (relating solely to costs) must be dismissed with costs.

Court Disposition

Cross appeal dismissed with costs.

Orders

  • Cross appeal dismissed with costs.