Angius v Salier (No 3) [2020] NSWSC 764

Angius v Salier (No 3) [2020] NSWSC 764

The Plaintiff's refusal or failure to provide proper instructions to successive solicitors from 20 November 2019 caused the vacation of hearing dates and necessitated interlocutory applications concerning withdrawal, medical assessment and appointment of a tutor. That conduct was sufficiently unreasonable to justify personal ordinary-basis costs orders in favour of the First and Seventh Defendants from 20 November 2019, including costs thrown away and costs of the costs applications, but did not justify personal liability for earlier receiver-related costs because deciding those matters would require delving into the unresolved merits. Otherwise, the First Defendant's costs were payable...

Jurisdiction
Australia
Judgment Date
18 June 2020
Procedural Posture
Costs Application in Equity Proceedings Concerning a Deceased Estate / Determination on the Papers of Costs Following Dismissal by Consent of the Remaining Claim Against the First Defendant
Outcome
Costs orders made partly against the Plaintiff personally and otherwise from the estate of the late Laura Angius.
Legal Topics
['party/party Costs' 'costs Payable Out of a Fund' 'indemnity Costs' 'dismissal of Proceedings Without Hearing on the Merits' 'tutor and Capacity to Give Instructions' 'unreasonable Conduct of Litigation']
['costs' 'equity' 'deceased Estates'] ['party/party Costs' 'costs Payable Out of a Fund' 'indemnity Costs' 'dismissal of Proceedings Without Hearing on the Merits' 'tutor and Capacity to Give Instructions' 'unreasonable Conduct of Litigation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Application in Equity Proceedings Concerning a Deceased Estate / Determination on the Papers of Costs Following Dismissal by Consent of the Remaining Claim Against the First Defendant

Legal Issues

  1. 1 ["Whether the Plaintiff should personally pay the First Defendant's costs after dismissal of the remaining claim, or whether those costs should be paid from the deceased estate on the indemnity basis." "Whether the Plaintiff should pay the Seventh Defendant's costs from the date of his joinder, despite the condition that his participation was at his own risk as to costs unless the Court otherwise ordered." "Whether the Plaintiff's conduct in failing to provide instructions and causing the vacation of hearing dates and interlocutory applications was sufficiently unreasonable to justify adverse costs orders without conducting a hypothetical trial on the merits." 'Whether earlier costs relating to receiver applications should be borne personally by the Plaintiff or paid from the deceased estate.']

Ratio Decidendi

The Plaintiff's refusal or failure to provide proper instructions to successive solicitors from 20 November 2019 caused the vacation of hearing dates and necessitated interlocutory applications concerning withdrawal, medical assessment and appointment of a tutor. That conduct was sufficiently unreasonable to justify personal ordinary-basis costs orders in favour of the First and Seventh Defendants from 20 November 2019, including costs thrown away and costs of the costs applications, but did not justify personal liability for earlier receiver-related costs because deciding those matters would require delving into the unresolved merits. Otherwise, the First Defendant's costs were payable...

Court Disposition

Costs orders made partly against the Plaintiff personally and otherwise from the estate of the late Laura Angius.

Orders

  • ['Order that the Plaintiff pay on the ordinary basis the costs of the First Defendant (other than any costs the subject of extant costs orders) and the costs of the Seventh Defendant of the proceedings from 20 November 2019 to date, including any costs thrown away by the vacation of the November 2019 hearing dates...