Lowe v Pascoe (No 8) [2018] NSWSC 764

Lowe v Pascoe (No 8) [2018] NSWSC 764

Stella Sze Tu, as representative of the FC Chow Estate, should personally pay the First Defendant’s (Administrator’s) costs of the October Motion and Withdrawal Motion (except as to replacement matters) and two-thirds of the Costs Motion, as the unsuccessful Applications were brought without the Administrator’s input, and indemnity from estate assets is not presently appropriate.

Jurisdiction
Australia
Judgment Date
30 May 2018
Procedural Posture
Equity / Post Motion Costs Determination
Outcome
Stella Sze Tu ordered to personally pay First Defendant's costs of two motions and two-thirds of costs of a third motion; no order regarding indemnity from estate assets, and no personal costs order against Sunly Sze Tu.
Legal Topics
['personal Costs Order Against Executor' 'indemnity for Executor Expenses' 'conduct of Estate Litigation']
['costs' 'succession'] ['personal Costs Order Against Executor' 'indemnity for Executor Expenses' 'conduct of Estate Litigation']

Case Brief

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Procedural Posture

Equity / Post Motion Costs Determination

Legal Issues

  1. 1 ['Whether executor of deceased estate should be subject to a personal costs order for unsuccessful motions' 'Whether executor is entitled to indemnity for expenses incurred before distributing estate' 'Whether actions of executor would have been authorised by judicial advice']

Ratio Decidendi

Stella Sze Tu, as representative of the FC Chow Estate, should personally pay the First Defendant’s (Administrator’s) costs of the October Motion and Withdrawal Motion (except as to replacement matters) and two-thirds of the Costs Motion, as the unsuccessful Applications were brought without the Administrator’s input, and indemnity from estate assets is not presently appropriate.

Court Disposition

Stella Sze Tu ordered to personally pay First Defendant's costs of two motions and two-thirds of costs of a third motion; no order regarding indemnity from estate assets, and no personal costs order against Sunly Sze Tu.

Orders

  • ["Stella Sze Tu to personally pay First Defendant's costs of the Motion of 27 October 2017." "Stella Sze Tu to personally pay First Defendant's costs of the Motion of 7 December 2017, except as to replacement of representative." "Stella Sze Tu to personally pay two thirds of First Defendant's costs of the Motion of...