DE GREGORIO v SURRIDGE [2019] NZHC 2842

DE GREGORIO v SURRIDGE [2019] NZHC 2842

Costs are not to be paid from the estate because the litigation was adversarial and driven by hostility between beneficiaries; Paul Surridge must personally pay Anne Surridge scale 2B costs (no uplift) and specified disbursements; Marion Pearson must pay increased costs (50% uplift) limited to the portion of the hearing her claim occupied (10%) and specified disbursements; uniform office service fees disallowed as non-specific disbursements; other parties' costs lie where they fall.

Citation
[2019] NZHC 2842
Parties
Plaintiff (civ 2017 485 602870): Nunzio De Gregorio; First Defendant (civ 2017 485 602870): Anne Josephine Surridge; Second Defendant (civ 2017 485 602870): Paul Houston Surridge; Plaintiff (civ 2018 485 65): Marion Joan Pearson; Defendant (civ 2018 485 65): David Vance (as Temporary Administrator of the Estate of Wilbur George Surridge)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
5 November 2019
Procedural Posture
Estate and Will Validity Proceedings Under the Administration Act 1969 (consolidated Challenges to a 2014 Will, Family Protection Act Claim and Related Claim) / Costs Judgment Following Trial and Substantive Judgment Invalidating the 2014 Will
Outcome
Costs determined: costs not to be paid from the estate; Paul Surridge ordered to pay Anne Surridge's costs and disbursements; Marion Pearson ordered to pay Anne Surridge increased costs and specified disbursements; all other parties' costs to lie where they fall; no costs ordered for Nunzio De Gregorio.
Legal Topics
Validity of Will, Testamentary Capacity, Undue Influence, Costs From Estate, Calderbank Offers, Abuse of Process, Disbursements
Succession Law Probate Civil Procedure Costs Validity of Will Testamentary Capacity Undue Influence Costs From Estate +3 more

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Parties

Nunzio De Gregorio

Plaintiff (civ 2017 485 602870)

Anne Josephine Surridge

First Defendant (civ 2017 485 602870)

Paul Houston Surridge

Second Defendant (civ 2017 485 602870)

Marion Joan Pearson

Plaintiff (civ 2018 485 65)

David Vance (as Temporary Administrator of the Estate of Wilbur George Surridge)

Defendant (civ 2018 485 65)

Procedural Posture

Estate and Will Validity Proceedings Under the Administration Act 1969 (consolidated Challenges to a 2014 Will, Family Protection Act Claim and Related Claim) / Costs Judgment Following Trial and Substantive Judgment Invalidating the 2014 Will

Legal Issues

  1. 1 Whether the 2014 will was invalid for lack of testamentary capacity and undue influence (substantive issue resolved earlier)
  2. 2 Whether costs should be paid from the estate or by individual parties
  3. 3 Appropriate scale and any uplift for costs awarded against Paul Surridge

Ratio Decidendi

Costs are not to be paid from the estate because the litigation was adversarial and driven by hostility between beneficiaries; Paul Surridge must personally pay Anne Surridge scale 2B costs (no uplift) and specified disbursements; Marion Pearson must pay increased costs (50% uplift) limited to the portion of the hearing her claim occupied (10%) and specified disbursements; uniform office service fees disallowed as non-specific disbursements; other parties' costs lie where they fall.

Court Disposition

Costs determined: costs not to be paid from the estate; Paul Surridge ordered to pay Anne Surridge's costs and disbursements; Marion Pearson ordered to pay Anne Surridge increased costs and specified disbursements; all other parties' costs to lie where they fall; no costs ordered for Nunzio De Gregorio.

Orders

  • Paul Surridge to pay Anne Surridge costs of $64,601.50
  • Paul Surridge to pay Anne Surridge disbursements of $31,784.59