Shave v Shave; Estate of Shave [2011] NSWSC 1356

Shave v Shave; Estate of Shave [2011] NSWSC 1356

The Registrar is empowered to moderate bills for costs for which executors seek reimbursement from the estate, regardless of whether the bills have been paid; the court's power to moderate is not limited to costs actually paid, and the Registrar may exercise the powers of the court under s 86A of the Probate and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 August 2011
Procedural Posture
Succession Dispute Passing of Accounts / Procedural Ruling on Moderation of Executors' Accounts
Outcome
Procedural orders and directions on moderation of accounts granted.
Legal Topics
['passing of Accounts' 'moderation of Costs' 'executor Reimbursement' 'commission Claims']
['succession' 'wills and Probate'] ['passing of Accounts' 'moderation of Costs' 'executor Reimbursement' 'commission Claims']

Source-derived case record

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Procedural Posture

Succession Dispute Passing of Accounts / Procedural Ruling on Moderation of Executors' Accounts

Legal Issues

  1. 1 ["Whether Registrar's power to moderate costs is limited to costs actually paid" 'Whether unpaid legal bills can be moderated and considered for reimbursement from the estate' "Court's power under Probate and Administration Act 1898 to reduce excessive commissions or amounts charged" 'Process for moderation and assessment of bills in estate administration']

Ratio Decidendi

The Registrar is empowered to moderate bills for costs for which executors seek reimbursement from the estate, regardless of whether the bills have been paid; the court's power to moderate is not limited to costs actually paid, and the Registrar may exercise the powers of the court under s 86A of the Probate and Administration Act 1898.

Court Disposition

Procedural orders and directions on moderation of accounts granted.

Orders

  • ['In passing the accounts filed for the executors the Registrar may moderate bills of costs for which each executor seeks reimbursement out of the estate notwithstanding that the bills have not yet been paid.' 'Dispense with the requirement under Pt 78 r 75A of the Supreme Court Rules that the application of Charles...