Manns v Attorney General of New South Wales & Ors [No 2] [2010] NSWSC 325

Manns v Attorney General of New South Wales & Ors [No 2] [2010] NSWSC 325

Although third and fourth defendants filed full appearances, their participation was in substance that of submitting parties; in fairness to other parties and consistent with UCPR and relevant case law, their costs should be assessed on a submitting appearance basis rather than party/party basis.

Jurisdiction
Australia
Judgment Date
21 April 2010
Procedural Posture
Will Construction/charitable Trust—equity / Ex Tempore Judgment (costs, Consequential Orders)
Outcome
Declarations and cost orders made; costs for the third and fourth defendants assessed on submitting appearance basis; beneficiaries of trust income for 2009-2010 noted; liberty to apply granted to first and second defendants.
Legal Topics
['costs Assessment' 'submissions Appearance' 'party Representation' 'charitable Trust Construction']
['equity' 'succession Law' 'civil Procedure'] ['costs Assessment' 'submissions Appearance' 'party Representation' 'charitable Trust Construction']

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Procedural Posture

Will Construction/charitable Trust—equity / Ex Tempore Judgment (costs, Consequential Orders)

Legal Issues

  1. 1 ["Whether third and fourth defendants' costs should be assessed on a submitting appearance basis or on an ordinary party/party basis in a will construction suit."]

Ratio Decidendi

Although third and fourth defendants filed full appearances, their participation was in substance that of submitting parties; in fairness to other parties and consistent with UCPR and relevant case law, their costs should be assessed on a submitting appearance basis rather than party/party basis.

Court Disposition

Declarations and cost orders made; costs for the third and fourth defendants assessed on submitting appearance basis; beneficiaries of trust income for 2009-2010 noted; liberty to apply granted to first and second defendants.

Orders

  • ['Declaration that clause 4(5) of the Will of Paul Clifford Manns creates a valid charitable trust.' 'Declaration that the whole of the residue of the estate is subject to the charitable trust.' "Order that 75% of plaintiff's costs on party/party basis be paid out of the estate." "Order that first defendant's costs...