Grynberg v Muller; Estate Late M Bilfeld [2002] NSWSC 414

Grynberg v Muller; Estate Late M Bilfeld [2002] NSWSC 414

Orders for costs should reflect the success and responsibility of parties on distinct aspects of the proceedings, with the first defendant to pay the second defendant's costs occasioned by his motion, and the plaintiffs to be awarded 60 percent of their costs of the motion out of the estate. No order as to costs in respect of Professor Popovtzer's dismissed motion.

Parties
Plaintiff: Robert Benjamin Grynberg; Plaintiff: John Landerer; First Defendant: Stephen Muller; Second Defendant: Moriah War Memorial College Association
Jurisdiction
Australia
Judgment Date
07 May 2002
Procedural Posture
Equity Probate / Costs Determination Following Judgment
Outcome
Costs apportioned as set out in orders; first defendant to pay second defendant's costs of application; plaintiffs to have 60% of their costs of their motion out of the estate; no order as to costs regarding Professor Popovtzer's dismissed motion; applications re interim payments stood over.
Legal Topics
Costs, Costs Application, Success of Parties on Different Claims
Civil Procedure Equity Probate Costs Costs Application Success of Parties on Different Claims

Case Brief

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Parties

Robert Benjamin Grynberg

Plaintiff

John Landerer

Plaintiff

Stephen Muller

First Defendant

Moriah War Memorial College Association

Second Defendant

Procedural Posture

Equity Probate / Costs Determination Following Judgment

Legal Issues

  1. 1 Whether and to what extent parties are entitled to costs out of the estate following success or failure on different aspects of the case
  2. 2 Appropriate order as to costs where different parties succeed on distinct claims or aspects

Ratio Decidendi

Orders for costs should reflect the success and responsibility of parties on distinct aspects of the proceedings, with the first defendant to pay the second defendant's costs occasioned by his motion, and the plaintiffs to be awarded 60 percent of their costs of the motion out of the estate. No order as to costs in respect of Professor Popovtzer's dismissed motion.

Court Disposition

Costs apportioned as set out in orders; first defendant to pay second defendant's costs of application; plaintiffs to have 60% of their costs of their motion out of the estate; no order as to costs regarding Professor Popovtzer's dismissed motion; applications re interim payments stood over.

Orders

  • First defendant to pay the second defendant's costs of the first defendant's costs application.
  • Plaintiffs to have 60 percent of their costs of their application for costs out of the estate.