Estate CA Cirillo, deceased (No. 2) [2015] NSWSC 486

Estate CA Cirillo, deceased (No. 2) [2015] NSWSC 486

On proper construction of the costs orders made on 26 August 2014, the costs of the parties, including all costs associated with any ongoing administration of the estate, are capped at the specified amounts; no party nor solicitor may charge the estate costs beyond these capped amounts.

Jurisdiction
Australia
Judgment Date
30 April 2015
Procedural Posture
Family Provision/estate Administration / Post Settlement, Application for Construction of Costs Orders
Outcome
Declarations made in favour of applicants; respondents ordered to pay costs of motions
Legal Topics
['costs' 'probate' 'construction of Orders' 'family Provision']
['succession Law' 'civil Procedure'] ['costs' 'probate' 'construction of Orders' 'family Provision']

Case Brief

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Procedural Posture

Family Provision/estate Administration / Post Settlement, Application for Construction of Costs Orders

Legal Issues

  1. 1 ['Whether the capped costs orders made on 26 August 2014 cover all legal costs, including ongoing administration of the estate' 'Whether parties or their solicitors may charge further costs to the estate beyond those capped amounts']

Ratio Decidendi

On proper construction of the costs orders made on 26 August 2014, the costs of the parties, including all costs associated with any ongoing administration of the estate, are capped at the specified amounts; no party nor solicitor may charge the estate costs beyond these capped amounts.

Court Disposition

Declarations made in favour of applicants; respondents ordered to pay costs of motions

Orders

  • ['Declare that, on proper construction of orders 27-30 of 26 August 2014, the respective costs of the parties, including all costs associated with ongoing administration of the estate, are capped at those amounts.' 'Declare that no party (and no solicitor acting for a party) to those proceedings has an entitlement...