Le v Angius; Angius v Angius (No 2) [2024] NSWSC 1417

Le v Angius; Angius v Angius (No 2) [2024] NSWSC 1417

It was not unreasonable for either plaintiff to have rejected the offers made by the Estate, having regard to the merits of their claims, the stage and complexity of the proceedings, nature of evidence served, and the circumstances of each party. Therefore, the fair and just costs order was that plaintiffs' costs be paid out of the estate on the ordinary basis and the defendant's costs be paid out of the estate on the indemnity basis.

Parties
Plaintiff: Thi Quy Le; Defendant: Jenny Angius; Plaintiff: Natalie Angius
Jurisdiction
Australia
Judgment Date
07 November 2024
Procedural Posture
Family Provision Application / Post Judgment Costs Determination
Outcome
Costs order determination
Legal Topics
Costs, Offers of Compromise, Calderbank Offers, Family Provision Orders
Equity Probate Family Provision Costs Offers of Compromise Calderbank Offers Family Provision Orders

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Parties

Thi Quy Le

Plaintiff

Jenny Angius

Defendant

Natalie Angius

Plaintiff

Procedural Posture

Family Provision Application / Post Judgment Costs Determination

Legal Issues

  1. 1 What is the appropriate order for costs in each proceeding, considering offers of compromise, Calderbank offers, and conduct of the proceedings?
  2. 2 When should costs be paid out of the estate in family provision matters and when should the court depart from the usual rule that costs follow the event?

Ratio Decidendi

It was not unreasonable for either plaintiff to have rejected the offers made by the Estate, having regard to the merits of their claims, the stage and complexity of the proceedings, nature of evidence served, and the circumstances of each party. Therefore, the fair and just costs order was that plaintiffs' costs be paid out of the estate on the ordinary basis and the defendant's costs be paid out of the estate on the indemnity basis.

Court Disposition

Costs order determination

Orders

  • In proceedings 2022/00041064, the costs of the plaintiff be paid out of the estate of the deceased on the ordinary basis, as agreed or assessed.
  • In proceedings 2023/00031399, the costs of the plaintiff be paid out of the estate of the deceased on the ordinary basis, as agreed or assessed.