Clarke & anor v Jessica McFarlane bht Ernest Frederick McFarlane [2008] NSWSC 432

Clarke & anor v Jessica McFarlane bht Ernest Frederick McFarlane [2008] NSWSC 432

Neither party acted so unreasonably as to warrant a special costs order; defendant's costs on party/party basis and plaintiffs' costs on indemnity basis are to be paid out of the estate.

Jurisdiction
Australia
Judgment Date
10 April 2008
Procedural Posture
Next of Kin Inquiry (equity Division, Supreme Court of Nsw) / Post Determination of Entitlement, Determination of Costs
Outcome
Plaintiffs and defendant agreed on entitlement; orders made for costs to be paid out of the estate.
Legal Topics
['intestacy' 'next of Kin Inquiry' 'party/party Costs' 'indemnity Costs']
['succession Law' 'equity' 'costs'] ['intestacy' 'next of Kin Inquiry' 'party/party Costs' 'indemnity Costs']

Case Brief

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Procedural Posture

Next of Kin Inquiry (equity Division, Supreme Court of Nsw) / Post Determination of Entitlement, Determination of Costs

Legal Issues

  1. 1 ["Whether Jessica McFarlane was the daughter of Maurice Clarke and thus entitled to a share of Maureen Clarke's estate on intestacy" 'Appropriate costs order between parties in next of kin inquiry']

Ratio Decidendi

Neither party acted so unreasonably as to warrant a special costs order; defendant's costs on party/party basis and plaintiffs' costs on indemnity basis are to be paid out of the estate.

Court Disposition

Plaintiffs and defendant agreed on entitlement; orders made for costs to be paid out of the estate.

Orders

  • ['Declaration in terms of paragraph 1 of the Short Minutes of Order (as amended) made and placed with the papers.' 'Orders 2 and 3 in the Short Minutes made.' "Defendant's costs on party/party basis and plaintiffs' costs on indemnity basis to be paid out of the estate." 'Exhibits may be returned.']