Pinniger v Stone & Anor [2012] NSWCA 73

Pinniger v Stone & Anor [2012] NSWCA 73

Leave to appeal was refused because there was no miscarriage of judicial discretion in awarding indemnity costs; the applicant maintained an unreasonable stance after contrary affidavit evidence and failed to demonstrate an error of principle.

Parties
Applicant: Wayne Jon Pinniger; First Respondent: Karen Patricia Stone; Second Respondent: Kerry Ann Drabsch
Jurisdiction
Australia
Judgment Date
21 March 2012
Procedural Posture
Leave to Appeal / Leave Application
Outcome
Leave to appeal refused with costs.
Legal Topics
Indemnity Costs, Grant of Probate in Solemn Form, Testator's Intentions, Costs Orders
Succession Law Indemnity Costs Grant of Probate in Solemn Form Testator's Intentions Costs Orders

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Parties

Wayne Jon Pinniger

Applicant

Karen Patricia Stone

First Respondent

Kerry Ann Drabsch

Second Respondent

Procedural Posture

Leave to Appeal / Leave Application

Legal Issues

  1. 1 Whether a document prepared by the testator formed an alteration to or partial revocation of the will
  2. 2 Whether there was a proper basis for ordering indemnity costs against an unsuccessful executor
  3. 3 Whether there was a miscarriage of the discretion to grant cost orders

Ratio Decidendi

Leave to appeal was refused because there was no miscarriage of judicial discretion in awarding indemnity costs; the applicant maintained an unreasonable stance after contrary affidavit evidence and failed to demonstrate an error of principle.

Court Disposition

Leave to appeal refused with costs.

Orders

  • Leave to appeal is refused.
  • Applicant to pay the respondents' costs.