Cowap v Cowap (No 2) [2019] NSWSC 1400

Cowap v Cowap (No 2) [2019] NSWSC 1400

Because Barbara did not resist, and Nick did not take issue with, a gross sum costs order of $85,304.62, the Court made a gross sum costs order in that amount. No further provision from the estate was required in relation to costs because Barbara was otherwise the sole beneficiary and would in practical terms meet...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 October 2019
Procedural Posture
Equity Family Provision List; Costs Application / Post Principal Judgment Argument as to Form of Orders and Gross Sum Costs
Outcome
Gross sum costs ordered in the amount agreed by the parties.
Legal Topics
['gross Sum Costs Order' 'indemnity Costs' 'settlement Offer' 'notional Estate']
['costs' 'succession Family Provision'] ['gross Sum Costs Order' 'indemnity Costs' 'settlement Offer' 'notional Estate']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Family Provision List; Costs Application / Post Principal Judgment Argument as to Form of Orders and Gross Sum Costs

Legal Issues

  1. 1 ["Whether a gross sum costs order should be made for Nick's costs." "Whether costs should include indemnity costs following Barbara's rejection of the April Offer." 'Whether any further provision from the estate was needed in relation to costs.']

Ratio Decidendi

Because Barbara did not resist, and Nick did not take issue with, a gross sum costs order of $85,304.62, the Court made a gross sum costs order in that amount. No further provision from the estate was required in relation to costs because Barbara was otherwise the sole beneficiary and would in practical terms meet both her own and Nick's costs from her own resources, including inherited property not included in the notional estate order.

Court Disposition

Gross sum costs ordered in the amount agreed by the parties.

Orders

  • ['A gross sum costs order in the amount of $85,304.62 will be made.' "No order for further provision from the estate was needed in relation to those costs or in relation to Barbara's costs."]