Grynberg v Muller; Estate Late M Bilfeld [2002] NSWSC 51

Grynberg v Muller; Estate Late M Bilfeld [2002] NSWSC 51

The potential prejudice to the second defendant from the lateness of the beneficiary’s application is outweighed by the risk of injustice if the beneficiary, not currently a party, is ultimately precluded from applying for costs. Granting leave to file the application for costs now enables a comprehensive and efficient resolution of all costs issues in these complex proceedings.

Jurisdiction
Australia
Judgment Date
07 February 2002
Procedural Posture
Probate Equity Proceedings / Costs Application Post Substantive Judgment
Outcome
Leave granted to Professor Popovtzer to file notice of motion for costs.
Legal Topics
['costs' 'beneficiaries' 'indemnity Principle' 'leave to File Applications']
['equity' 'probate' 'civil Procedure'] ['costs' 'beneficiaries' 'indemnity Principle' 'leave to File Applications']

Case Brief

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Procedural Posture

Probate Equity Proceedings / Costs Application Post Substantive Judgment

Legal Issues

  1. 1 ['Whether leave should be granted to a beneficiary (not previously a party) to file a late costs application.' 'Whether granting leave would cause incurable prejudice to the second defendant.' 'Whether the indemnity principle precludes costs orders in favour of the plaintiffs or beneficiary.']

Ratio Decidendi

The potential prejudice to the second defendant from the lateness of the beneficiary’s application is outweighed by the risk of injustice if the beneficiary, not currently a party, is ultimately precluded from applying for costs. Granting leave to file the application for costs now enables a comprehensive and efficient resolution of all costs issues in these complex proceedings.

Court Disposition

Leave granted to Professor Popovtzer to file notice of motion for costs.

Orders

  • ['Professor Popovtzer granted leave to file the notice of motion, returnable 8 February 2002.' "Professor Popovtzer to pay the second defendant's costs of the application for leave to file the notice of motion."]