The Estate of Arthur Michael Falco; Falco v Lambert (No 4) [2015] NSWSC 1377

The Estate of Arthur Michael Falco; Falco v Lambert (No 4) [2015] NSWSC 1377

Orders were made to give effect to the Judgment by requiring Mr Lambert to refund only the amount actually paid by the Estate to Mr White and later disallowed on moderation, namely $7,468.01 inclusive of GST, while allowing satisfaction by agreed credits or set-offs. The Court also required any further amended claim against Mr White to particularise the quantum claimed to the extent possible, because that information was important for mediation and for any application for leave to amend.

Jurisdiction
Australia
Judgment Date
18 September 2015
Procedural Posture
Equity Probate List; Costs and Case Management Directions / Further Hearing About Orders Required to Give Effect to the Judgment, Including Costs, Following Two Notices of Motion
Outcome
Orders made to give effect to the Judgment; refund ordered; specified pleading struck out; timetable for draft further amended statement of claim set; stay, costs, mediation and further directions ordered.
Legal Topics
['estate Administration' 'executor Refund to Estate' 'moderation of Costs' 'amended Pleadings' 'particulars of Quantum' 'stay of Proceedings' 'mediation' 'indemnity Costs From Estate']
['probate' 'equity' 'costs' 'civil Procedure'] ['estate Administration' 'executor Refund to Estate' 'moderation of Costs' 'amended Pleadings' 'particulars of Quantum' 'stay of Proceedings' 'mediation' 'indemnity Costs From Estate']

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Procedural Posture

Equity Probate List; Costs and Case Management Directions / Further Hearing About Orders Required to Give Effect to the Judgment, Including Costs, Following Two Notices of Motion

Legal Issues

  1. 1 ['What orders should be made to give effect to the Judgment on the notices of motion, including costs.' 'What amount Peter John Lambert as executor should refund to the Estate after moderation of costs.' 'Whether further amended pleading against the Second Defendant should give particulars of the quantum claimed.' 'Whether the proceedings should be referred to mediation and stayed as against the Second Defendant after any further amended statement of claim is filed.']

Ratio Decidendi

Orders were made to give effect to the Judgment by requiring Mr Lambert to refund only the amount actually paid by the Estate to Mr White and later disallowed on moderation, namely $7,468.01 inclusive of GST, while allowing satisfaction by agreed credits or set-offs. The Court also required any further amended claim against Mr White to particularise the quantum claimed to the extent possible, because that information was important for mediation and for any application for leave to amend.

Court Disposition

Orders made to give effect to the Judgment; refund ordered; specified pleading struck out; timetable for draft further amended statement of claim set; stay, costs, mediation and further directions ordered.

Orders

  • ['As to the Plaintiffs\' notice of motion filed on 3 September 2014, set aside the "orders re costs" in paragraph 6 of Senior Deputy Registrar Studdert\'s decision dated 15 July 2014 and order that Peter John Lambert as executor of the Estate of Arthur Michael Falco refund $7,468.01 inclusive of GST to the Estate...