The Estate of Milan Zlatevski; Geroska v Zlatevski (No 2) [2020] NSWSC 388
The defendant did not establish that this case met the exceptions justifying departure from the ordinary rule that costs follow the event; there was no evidence of mental incapacity or suspicious circumstances surrounding the will, nor reasonable grounds to investigate testamentary capacity or other pleaded claims.
- Jurisdiction
- Australia
- Judgment Date
- 14 April 2020
- Procedural Posture
- Contested Probate/costs Application / Post Judgment Costs Determination
- Outcome
- Application to vary costs order refused; costs order maintained.
- Legal Topics
- ['contested Probate' 'testamentary Capacity' 'costs in Probate Proceedings']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Contested Probate/costs Application / Post Judgment Costs Determination
Legal Issues
- 1 ["Whether the defendant's costs should be paid out of the deceased's estate or each party should bear their own costs" 'Whether the deceased was the cause of the litigation such that exceptions to the general rule on costs in probate apply' "Whether it was reasonable for the defendant to investigate the deceased's will"]
Ratio Decidendi
The defendant did not establish that this case met the exceptions justifying departure from the ordinary rule that costs follow the event; there was no evidence of mental incapacity or suspicious circumstances surrounding the will, nor reasonable grounds to investigate testamentary capacity or other pleaded claims.
Court Disposition
Application to vary costs order refused; costs order maintained.
Orders
- ["Defendant to pay the plaintiff's costs of the proceedings."]
Full Case Text
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