Yizhu Zaknic v Russel Phair &; Russel Phair v Yizhu Zaknic [2017] NSWSC 827

In the circumstances where both parties acted, to an extent, unreasonably and issues remained unresolved due to settlement, it is appropriate each party bear their own costs of the litigation.

Jurisdiction: Australia
Judgment Date: 08 September 2017
Procedural Posture: Equity Proceedings Expedition List / Post Settlement Costs Determination
Outcome: Each party to pay their own costs.
Legal Topics: ['executor Removal' 'charging Clauses in Wills' 'costs Discretion']

['equity' 'wills and Estates'] ['executor Removal' 'charging Clauses in Wills' 'costs Discretion']

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Procedural Posture

Equity Proceedings Expedition List / Post Settlement Costs Determination

Legal Issues

1 ['Whether the charging clause in the will was defective or void' 'Whether either co-executor should be removed' "Whether Mr Phair breached the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, rule 12.1" 'How costs ought to be determined following settlement without a hearing on the merits']

Ratio Decidendi

In the circumstances where both parties acted, to an extent, unreasonably and issues remained unresolved due to settlement, it is appropriate each party bear their own costs of the litigation.

Court Disposition

Each party to pay their own costs.

Orders

['Each party pay their own costs of the litigation.']