Stegnjaic v Stegnjaic (No 2) [2019] NSWSC 1213

Stegnjaic v Stegnjaic (No 2) [2019] NSWSC 1213

Given that the plaintiff succeeded mainly on the removal of the defendant as executor, and the majority of hearing time was spent on that issue, the defendant is ordered to personally pay 70 per cent of the plaintiff's costs of the proceedings on an ordinary basis. No order as to costs for the defendant, and the defendant is not entitled to recover his costs from the Estate.

Parties
Plaintiff: Sinisa Stegnjaic; Defendant: Milorad Stegnjaic
Jurisdiction
Australia
Judgment Date
19 July 2019
Procedural Posture
Equity Family Provision / Post Judgment, Determination of Costs
Outcome
Defendant to pay 70% of the Plaintiff's costs of the proceedings personally; no order as to costs for the Defendant, and Defendant not entitled to recover his costs from the Estate.
Legal Topics
Costs, Executor Removal, Family Provision Claims
Equity Family Provision Costs Executor Removal Family Provision Claims

Case Brief

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Parties

Sinisa Stegnjaic

Plaintiff

Milorad Stegnjaic

Defendant

Procedural Posture

Equity Family Provision / Post Judgment, Determination of Costs

Legal Issues

  1. 1 How costs should be apportioned where the plaintiff succeeds on some issues and not others
  2. 2 Whether costs should be awarded personally against the defendant/executor
  3. 3 Whether costs should be paid out of the Estate

Ratio Decidendi

Given that the plaintiff succeeded mainly on the removal of the defendant as executor, and the majority of hearing time was spent on that issue, the defendant is ordered to personally pay 70 per cent of the plaintiff's costs of the proceedings on an ordinary basis. No order as to costs for the defendant, and the defendant is not entitled to recover his costs from the Estate.

Court Disposition

Defendant to pay 70% of the Plaintiff's costs of the proceedings personally; no order as to costs for the Defendant, and Defendant not entitled to recover his costs from the Estate.

Orders

  • Defendant to pay 70 per cent of the Plaintiff's costs of the proceedings on the ordinary basis.
  • No order as to costs for the Defendant, and the Defendant is not entitled to recover his costs of defending the proceedings from the Estate.