Nicol v Nicole; The Estate of Peter Nicole [2020] NSWSC 419

Nicol v Nicole; The Estate of Peter Nicole [2020] NSWSC 419

As both parties acted reasonably and ultimately settled by agreeing to an independent administrator, and as neither party had a substantial win or loss or acted unreasonably, the proper exercise of the Court's discretion is to make no order as to costs, intending each bears his own costs.

Parties
Plaintiff: Nicolas Nicol; Defendant: Jack Nicole
Jurisdiction
Australia
Judgment Date
20 April 2020
Procedural Posture
Contentious Probate Proceedings / Determination of Costs After Judgment Without Adjudication on Merits
Outcome
No order as to costs; each party to bear his own costs.
Legal Topics
Probate Administration, Appointment of Administrator, Costs Orders in Probate, Contentious Wills and Estates Proceedings
Equity Probate Costs Probate Administration Appointment of Administrator Costs Orders in Probate Contentious Wills and Estates Proceedings

Case Brief

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 3 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Nicolas Nicol

Plaintiff

Jack Nicole

Defendant

Procedural Posture

Contentious Probate Proceedings / Determination of Costs After Judgment Without Adjudication on Merits

Legal Issues

  1. 1 How should the costs of contentious probate proceedings be determined when the primary relief is resolved by agreement without adjudication on the merits?
  2. 2 Whether either party acted unreasonably in commencing or defending the proceedings such that a costs order should be made against that party.

Ratio Decidendi

As both parties acted reasonably and ultimately settled by agreeing to an independent administrator, and as neither party had a substantial win or loss or acted unreasonably, the proper exercise of the Court's discretion is to make no order as to costs, intending each bears his own costs.

Court Disposition

No order as to costs; each party to bear his own costs.

Orders

  • The Court makes no order as to costs, with intent each party will bear his own costs of the proceedings, including the costs of the argument as to costs.
  • The Court file is returned to the Senior Deputy Registrar in Probate to continue to deal with the grant of administration.