Ballam & Ors v Ferro & Anor (No 2) [2022] NSWSC 1358

Ballam & Ors v Ferro & Anor (No 2) [2022] NSWSC 1358

Plaintiffs were unsuccessful in their claims. In probate proceedings, circumstances did not warrant indemnity costs; ordinary costs awarded to successful Defendants. In family provision, refusal to accept a genuine Offer of Compromise triggered costs consequences; Plaintiffs ordered to pay Defendants’ costs on ordinary basis up to a reasonable time after consideration of Defendants’ evidence and on indemnity basis thereafter. Separate proceedings dismissed; Plaintiffs to pay Defendants’ ordinary costs.

Jurisdiction
Australia
Judgment Date
10 October 2022
Procedural Posture
Equity / Post Judgment (costs Determination)
Outcome
Plaintiffs' claims dismissed; costs orders made as specified.
Legal Topics
['probate Proceedings' 'family Provision' 'offer of Compromise' 'indemnity Costs' 'discretion on Costs' 'costs Orders in Probate' 'costs Orders in Family Provision Cases']
['succession' 'costs'] ['probate Proceedings' 'family Provision' 'offer of Compromise' 'indemnity Costs' 'discretion on Costs' 'costs Orders in Probate' 'costs Orders in Family Provision Cases']

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Procedural Posture

Equity / Post Judgment (costs Determination)

Legal Issues

  1. 1 ['Appropriate allocation of costs in probate dispute' 'Appropriate allocation of costs in family provision dispute' 'Effect of Offer of Compromise on costs in family provision proceedings' 'Whether costs should be paid out of estate or by unsuccessful parties' 'Application of indemnity costs']

Ratio Decidendi

Plaintiffs were unsuccessful in their claims. In probate proceedings, circumstances did not warrant indemnity costs; ordinary costs awarded to successful Defendants. In family provision, refusal to accept a genuine Offer of Compromise triggered costs consequences; Plaintiffs ordered to pay Defendants’ costs on ordinary basis up to a reasonable time after consideration of Defendants’ evidence and on indemnity basis thereafter. Separate proceedings dismissed; Plaintiffs to pay Defendants’ ordinary costs.

Court Disposition

Plaintiffs' claims dismissed; costs orders made as specified.

Orders

  • ["No order as to Plaintiffs' costs in probate proceedings; Plaintiffs to bear own costs." "Plaintiffs to pay Defendants' costs, ordinary basis, of probate part including application for costs." 'Any unpaid Defendants’ probate costs to be paid on indemnity basis from deceased’s estate.' "No order as to Plaintiffs'...