Martin v Martin [2016] NSWSC 1964

Martin v Martin [2016] NSWSC 1964

The necessity for the plaintiffs to bring the motion was fundamentally caused by the defendant's protracted and avoidable failure to respond to their requests regarding reimbursement, justifying that the plaintiffs' costs should be paid out of the defendant's share in the estate.

Parties
First Plaintiff: Russell Ernest Martin; Second Plaintiff: Trama Ann Gartrell; Defendant: Wayne Oswald Martin
Jurisdiction
Australia
Judgment Date
17 February 2016
Procedural Posture
Costs Motion in Succession Proceedings / Hearing and Orders on Notice of Motion
Outcome
Plaintiffs' costs of motion to be paid out of defendant's entitlement in the estate. Orders for reimbursement and administration of estate as set out in the judgment.
Legal Topics
Costs, Executors, Reimbursement of Expenses, Administration of Estate
Succession Law Equity Costs Executors Reimbursement of Expenses Administration of Estate

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Parties

Russell Ernest Martin

First Plaintiff

Trama Ann Gartrell

Second Plaintiff

Wayne Oswald Martin

Defendant

Procedural Posture

Costs Motion in Succession Proceedings / Hearing and Orders on Notice of Motion

Legal Issues

  1. 1 Who should bear the costs of the plaintiffs' notice of motion in the estate administration?
  2. 2 Whether plaintiffs were entitled to reimbursement for expenses from the estate
  3. 3 Whether delay by defendant justified bringing the motion

Ratio Decidendi

The necessity for the plaintiffs to bring the motion was fundamentally caused by the defendant's protracted and avoidable failure to respond to their requests regarding reimbursement, justifying that the plaintiffs' costs should be paid out of the defendant's share in the estate.

Court Disposition

Plaintiffs' costs of motion to be paid out of defendant's entitlement in the estate. Orders for reimbursement and administration of estate as set out in the judgment.

Orders

  • The plaintiffs as executors are authorised and ordered to pay $22,515.75 to Russell Ernest Martin, $3,451.50 to Trama Ann Gartrell, and $11,000 to Wayne Oswald Martin from the estate funds as reimbursement of expenses.
  • Subject to retaining $50,000 for capital gains tax and any other costs to finalise the administration, the plaintiffs are to make an interim distribution of the balance in equal one-third shares.