McCusker v Rutter

• 1. Costs
  2. › Family provision proceedings
  3. › Unsuccessful claims by adult children
  4. › Whether costs should follow the event
  5. › Overall justice of the case
  6. › Family Provision Act 1982 (NSW), s 33
  7. › Civil Procedure Act 2005 (NSW), s 98
• 1. Costs
  2. › Executor's costs
  3. › Duty to uphold the will
  4. › Whether executor's encouragement of family member's claim constitutes breach of duty
  5. › Whether executor entitled to costs from estate on indemnity basis
• 1. Costs
  2. › Discretion
  3. › Appellate review
  4. › Finding of improper motive never put to party in cross-examination
  5. › Whether exercise of discretion miscarried
  6. › Whether Court of Appeal must exercise discretion afresh
• 1. Costs
  2. › Successful defendant
  3. › Circumstances in which successful defendant may be deprived of costs
  4. › Whether conduct in course of transaction justified departure from general rule

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