Pateman v Pateman [2017] NSWSC 788

Pateman v Pateman [2017] NSWSC 788

Given the defendant's unreasonable conduct in breaching an agreement regarding the estate, lack of any viable defence, and the efficient conduct of proceedings by the plaintiff, indemnity costs are appropriate to avoid unjustly reducing other beneficiaries' interests in the estate.

Parties
Plaintiff: Noel Pateman; Defendant: Maree Ann Pateman
Jurisdiction
Australia
Judgment Date
19 June 2017
Procedural Posture
Civil / Post Judgment (costs Determination)
Outcome
Plaintiff awarded indemnity costs; proceedings otherwise dismissed.
Legal Topics
Costs, Estate Administration, Indemnity Costs, Possession of Property
Civil Procedure Succession Law Costs Estate Administration Indemnity Costs Possession of Property

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 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Noel Pateman

Plaintiff

Maree Ann Pateman

Defendant

Procedural Posture

Civil / Post Judgment (costs Determination)

Legal Issues

  1. 1 Whether the defendant should pay the plaintiff's costs on an indemnity basis following possession proceedings regarding an estate property.

Ratio Decidendi

Given the defendant's unreasonable conduct in breaching an agreement regarding the estate, lack of any viable defence, and the efficient conduct of proceedings by the plaintiff, indemnity costs are appropriate to avoid unjustly reducing other beneficiaries' interests in the estate.

Court Disposition

Plaintiff awarded indemnity costs; proceedings otherwise dismissed.

Orders

  • The defendant shall pay the plaintiff's costs of and incidental to the proceedings on an indemnity basis.
  • Otherwise, proceedings dismissed.