Johnson v Krishnan - estate of the late Parvati Krishnan [2009] NSWSC 1284

Johnson v Krishnan - estate of the late Parvati Krishnan [2009] NSWSC 1284

Given that the plaintiff had, in substance, obtained the relief sought and that proceedings were necessary to secure accounting and administration of the estates, it was just for leave to discontinue to be granted, that both sides otherwise bear their own costs, and that the plaintiff have her costs out of the estate on the trustee basis (to the extent not indemnified from the estate of Eric Krishnan); the defendant's further claim for costs from the estate was rejected.

Jurisdiction
Australia
Judgment Date
13 November 2009
Procedural Posture
Equity / Application for Discontinuance and Final Orders
Outcome
Leave to discontinue granted with specific orders as to costs.
Legal Topics
['probate Proceedings' 'costs on Discontinuance' 'orders for Accounts']
['succession' 'equity'] ['probate Proceedings' 'costs on Discontinuance' 'orders for Accounts']

Case Brief

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Procedural Posture

Equity / Application for Discontinuance and Final Orders

Legal Issues

  1. 1 ['Whether leave to discontinue should be granted and on what terms as to costs' "Whether plaintiff's and/or defendant's costs should be paid out of the estate" 'Whether litigation was necessary for obtaining relief sought']

Ratio Decidendi

Given that the plaintiff had, in substance, obtained the relief sought and that proceedings were necessary to secure accounting and administration of the estates, it was just for leave to discontinue to be granted, that both sides otherwise bear their own costs, and that the plaintiff have her costs out of the estate on the trustee basis (to the extent not indemnified from the estate of Eric Krishnan); the defendant's further claim for costs from the estate was rejected.

Court Disposition

Leave to discontinue granted with specific orders as to costs.

Orders

  • ['Give leave to the plaintiff to discontinue the proceedings.' 'Subject to earlier costs orders and to order 4, no order as to costs between plaintiff and defendant—each party to bear her and his own costs.' 'Plaintiff entitled to have her costs of the proceedings paid out of the estate on the trustee basis, to the...