Du Maurier v Wechsler No 3 [2012] NSWSC 372

Du Maurier v Wechsler No 3 [2012] NSWSC 372

Because the plaintiff was substantially successful on the application for supply of documents, unsuccessful on the application for judicial advice, the arguments on the two applications took about the same amount of time, and there was no suggestion that the plaintiff acted unreasonably, the appropriate order was no order as to costs so that each party bears his and her own costs, with the plaintiff having no recourse to the estate of the deceased.

Jurisdiction
Australia
Judgment Date
20 April 2012
Procedural Posture
Costs / Judgment on Costs Following Earlier Judgments on the Defendant's Application for Provision of Material and the Plaintiff's Application for Judicial Advice
Outcome
Each party to bear his and her own costs and, in the case of the plaintiff, without recourse to the estate of the deceased.
Legal Topics
['costs Orders' 'indemnity From Estate Assets' 'trustee Costs From Fund' 'judicial Advice']
['civil Procedure' 'costs' 'equity' 'trusts and Estates'] ['costs Orders' 'indemnity From Estate Assets' 'trustee Costs From Fund' 'judicial Advice']

Case Brief

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Procedural Posture

Costs / Judgment on Costs Following Earlier Judgments on the Defendant's Application for Provision of Material and the Plaintiff's Application for Judicial Advice

Legal Issues

  1. 1 ["What costs orders should follow from the interlocutory application for provision of material and the final judgment refusing the plaintiff's application for judicial advice." 'Whether the plaintiff should have costs paid out of the estate of the deceased or bear costs without recourse to the estate.' "Whether the plaintiff should pay the defendant's costs of the proceedings."]

Ratio Decidendi

Because the plaintiff was substantially successful on the application for supply of documents, unsuccessful on the application for judicial advice, the arguments on the two applications took about the same amount of time, and there was no suggestion that the plaintiff acted unreasonably, the appropriate order was no order as to costs so that each party bears his and her own costs, with the plaintiff having no recourse to the estate of the deceased.

Court Disposition

Each party to bear his and her own costs and, in the case of the plaintiff, without recourse to the estate of the deceased.

Orders

  • ['Each party bear his and her own costs.' 'The plaintiff is to bear his own costs without recourse to the estate of the deceased.']