Re Dowling; sub nom NSW Trustee & Guardian v Crossley [2013] NSWSC 1040

Re Dowling; sub nom NSW Trustee & Guardian v Crossley [2013] NSWSC 1040

No order for costs should be made, as the plaintiff's own carelessness and delay caused the litigation to become contentious and the public interest requires evidence for orders in probate suits, precluding default judgment.

Jurisdiction
Australia
Judgment Date
08 August 2013
Procedural Posture
Probate Suit / Determination of Costs After Grant of Probate in Solemn Form
Outcome
No order for costs made
Legal Topics
['probate Procedures' 'costs in Probate Proceedings' 'default Judgment in Probate']
['probate' 'equity'] ['probate Procedures' 'costs in Probate Proceedings' 'default Judgment in Probate']

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Procedural Posture

Probate Suit / Determination of Costs After Grant of Probate in Solemn Form

Legal Issues

  1. 1 ['Whether default judgment can be sought in a suit for grant of probate in solemn form' "Whether the plaintiff is entitled to costs, in circumstances where plaintiff's conduct caused the problem"]

Ratio Decidendi

No order for costs should be made, as the plaintiff's own carelessness and delay caused the litigation to become contentious and the public interest requires evidence for orders in probate suits, precluding default judgment.

Court Disposition

No order for costs made

Orders

  • ['No order as to costs']