Vella v Vella; Vella v Vella (No 2) [2020] NSWSC 1032

Vella v Vella; Vella v Vella (No 2) [2020] NSWSC 1032

In Sandra’s proceeding, the appropriate costs order is payment of her costs out of the estate on the ordinary basis up to 24 July 2019 and on an indemnity basis thereafter, because her offer on 24 July 2019 represented a genuine compromise which Vanessa unreasonably failed to accept. Vanessa’s costs are to be paid on an indemnity basis from the estate. In Vincent’s proceeding, Vincent is to bear his own costs but is also to pay one third of Vanessa’s costs on the ordinary basis, with the remainder of her costs paid on an indemnity basis from the estate due to Vincent unreasonably declining settlement offers but his claim not being frivolous or vexatious.

Jurisdiction
Australia
Judgment Date
06 August 2020
Procedural Posture
Family Provision; Costs Determination / Post Judgment, Costs Orders
Outcome
Costs orders made as set out below for each proceeding.
Legal Topics
['family Provision' 'costs' 'calderbank Offers' 'offers of Compromise']
['equity' 'succession Law'] ['family Provision' 'costs' 'calderbank Offers' 'offers of Compromise']

Case Brief

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Procedural Posture

Family Provision; Costs Determination / Post Judgment, Costs Orders

Legal Issues

  1. 1 ['Appropriate costs orders in related family provision proceedings following judgment and multiple unaccepted offers of compromise/Calderbank offers.' "Whether indemnity costs should be awarded, and whether costs should be capped or otherwise apportioned based on parties' offers and conduct."]

Ratio Decidendi

In Sandra’s proceeding, the appropriate costs order is payment of her costs out of the estate on the ordinary basis up to 24 July 2019 and on an indemnity basis thereafter, because her offer on 24 July 2019 represented a genuine compromise which Vanessa unreasonably failed to accept. Vanessa’s costs are to be paid on an indemnity basis from the estate. In Vincent’s proceeding, Vincent is to bear his own costs but is also to pay one third of Vanessa’s costs on the ordinary basis, with the remainder of her costs paid on an indemnity basis from the estate due to Vincent unreasonably declining settlement offers but his claim not being frivolous or vexatious.

Court Disposition

Costs orders made as set out below for each proceeding.

Orders

  • ["In proceeding 2018/385260: Plaintiff's (Sandra Vella) costs of the proceeding to be paid out of the estate of the late Laura Anna Delores Vella on the ordinary basis up to and including 24 July 2019 and on an indemnity basis from 25 July 2019 onwards; Defendant's (Vanessa Vella) costs to be paid out of the estate...