Angius v Salier (No 5) [2023] NSWSC 678

Angius v Salier (No 5) [2023] NSWSC 678

The Court declined to order the plaintiff's estate to pay either the Administrator's or the seventh defendant's costs of the Receiver's notice of motion, as those applications were unopposed and there was no relevant delinquent conduct. All costs orders previously made were affirmed, and for abundant precaution, the first defendant (Administrator) is to be paid his costs out of the Estate of the late Laura Angius on the indemnity basis.

Parties
Plaintiff: Giovanni (known as John) Angius; First Defendant (administrator): Gordon Albert Salier AM; Second Defendant: Angius Hotel Investments Pty Ltd; Third Defendant: Togumi Pty Ltd; Fourth Defendant: J & L Angius Pty Ltd; Fifth Defendant: Tararba Pty Ltd; Sixth Defendant: Angius Investments Pty Ltd; Seventh Defendant: Robert Angius
Jurisdiction
Australia
Judgment Date
22 June 2023
Procedural Posture
Equity Proceedings / Determination of Reserved Costs and Final Orders
Outcome
Final orders made regarding costs; affirmation and clarification of previous costs orders.
Legal Topics
Indemnity Costs, Costs Following Appointment of Receiver, Party Costs in Estate Litigation
Equity Costs Indemnity Costs Costs Following Appointment of Receiver Party Costs in Estate Litigation

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Parties

Giovanni (known as John) Angius

Plaintiff

Gordon Albert Salier AM

First Defendant (administrator)

Angius Hotel Investments Pty Ltd

Second Defendant

Togumi Pty Ltd

Third Defendant

J & L Angius Pty Ltd

Fourth Defendant

Tararba Pty Ltd

Fifth Defendant

Angius Investments Pty Ltd

Sixth Defendant

Robert Angius

Seventh Defendant

Procedural Posture

Equity Proceedings / Determination of Reserved Costs and Final Orders

Legal Issues

  1. 1 Entitlement to costs and indemnity out of the estate
  2. 2 Whether the plaintiff's estate should bear costs of other parties
  3. 3 Costs order for notice of motion filed by Receiver on 5 November 2020

Ratio Decidendi

The Court declined to order the plaintiff's estate to pay either the Administrator's or the seventh defendant's costs of the Receiver's notice of motion, as those applications were unopposed and there was no relevant delinquent conduct. All costs orders previously made were affirmed, and for abundant precaution, the first defendant (Administrator) is to be paid his costs out of the Estate of the late Laura Angius on the indemnity basis.

Court Disposition

Final orders made regarding costs; affirmation and clarification of previous costs orders.

Orders

  • Order for more abundant precaution that the first defendant is entitled to be paid the whole of his costs of these proceedings out of the Estate of the late Laura Angius on the indemnity basis.
  • Make no order for the costs of the notice of motion filed by the Receiver on 5 November 2020 with the intent that the parties to the notice of motion and these proceedings who responded to the notice of motion shall bear their own costs.