Thornley v Blair [2002] NSWSC 202

Thornley v Blair [2002] NSWSC 202

As there was no notional estate available for provision to the plaintiffs and their prospects of success were extremely remote, the proceedings were dismissed and costs ordered against the plaintiffs on a party and party basis, reflecting both the standard rule that costs follow the event and the conduct of the parties regarding disclosure and the Calderbank offer.

Jurisdiction
Australia
Judgment Date
20 March 2002
Procedural Posture
Family Provision / Judgment After Hearing
Outcome
Proceedings dismissed; plaintiffs to pay defendant's costs on party and party basis.
Legal Topics
['family Provision' 'notional Estate' 'costs']
['equity' 'succession Law'] ['family Provision' 'notional Estate' 'costs']

Case Brief

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Procedural Posture

Family Provision / Judgment After Hearing

Legal Issues

  1. 1 ['Whether provision should be made for the plaintiffs out of the estate or notional estate of the deceased under the Family Provision Act 1982' 'Whether the proceeds of sale of 387 Soldiers Point Road, Salamander Bay, constitute notional estate' 'Appropriate costs order in light of the proceedings and Calderbank offer']

Ratio Decidendi

As there was no notional estate available for provision to the plaintiffs and their prospects of success were extremely remote, the proceedings were dismissed and costs ordered against the plaintiffs on a party and party basis, reflecting both the standard rule that costs follow the event and the conduct of the parties regarding disclosure and the Calderbank offer.

Court Disposition

Proceedings dismissed; plaintiffs to pay defendant's costs on party and party basis.

Orders

  • ['I order that the proceedings be dismissed.' 'I order that the plaintiffs pay the costs of the defendant, such costs to be on the party and party basis.']