COSTS - Probate and family provision proceedings brought in one proceedings
› Where Plaintiff unsuccessful in entirety of her claim
› Where Defendants made two Offers of Compromise, each of which was not accepted by the Plaintiff, and the Defendants obtained orders on the claims, no less favourable than the terms of the offer
› Where Defendants seek application of r 42.15A of the Uniform Civil Procedure Rules 2005 (NSW) - Whether the Court should exercise its discretion to “otherwise order”
SUCCESSION - Where Defendants seek an order that that they may deduct from the Plaintiff’s share of the residuary estate, the costs ordered to be paid by her
› Where Plaintiff is unable to otherwise repay the estate
Case Details
Citation[2021] NSWSC 754
CourtNSWSC
JurisdictionNew South Wales
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