The Estate of Arthur Michael Falco; Falco v Lambert [2013] NSWSC 1653

The Estate of Arthur Michael Falco; Falco v Lambert [2013] NSWSC 1653

Because the substantive issues regarding Mr White's conflict and fees now form part of the amended proceedings and will be determined therein, and both parties acted reasonably, the just outcome is for the costs of the motion to be costs in the proceedings.

Parties
Plaintiff: Joseph Peter Falco; Plaintiff: Tanya Maree Falco; Plaintiff: Mark James Falco; First Defendant: Peter John Lambert; Second Defendant: Peter Kenneth White
Jurisdiction
Australia
Judgment Date
07 November 2013
Procedural Posture
Probate/civil Costs Application / Motion for Solicitor to Cease to Act—costs Determination
Outcome
Motion dismissed; costs of the motion to be costs in the proceedings.
Legal Topics
Costs, Probate, Professional Conduct
Civil Procedure Costs Probate Professional Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Joseph Peter Falco

Plaintiff

Tanya Maree Falco

Plaintiff

Mark James Falco

Plaintiff

Peter John Lambert

First Defendant

Peter Kenneth White

Second Defendant

Procedural Posture

Probate/civil Costs Application / Motion for Solicitor to Cease to Act—costs Determination

Legal Issues

  1. 1 Whether costs should be awarded following a settled motion where a solicitor was asked to cease to act due to conflict of interest in probate proceedings

Ratio Decidendi

Because the substantive issues regarding Mr White's conflict and fees now form part of the amended proceedings and will be determined therein, and both parties acted reasonably, the just outcome is for the costs of the motion to be costs in the proceedings.

Court Disposition

Motion dismissed; costs of the motion to be costs in the proceedings.

Orders

  • The plaintiffs’ notice of motion filed 13 May 2013 is dismissed.
  • The parties’ costs (plaintiffs, first defendant, Mr White) of the motion be the parties’ costs in the proceedings.