Farah v Farry (No 2)

[2026] NSWSC 631

Supreme Court of NSW

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. COSTS — party/party costs — where Plaintiffs obtained orders for revocation of grant of probate — where Defendant actively opposed the application — general rule that costs follow the event — whether the Defendant is entitled to indemnity from the Estate for his costs including any costs liability to the Plaintiffs — whether the Defendant acted unreasonably

Quick Take

The Court ordered the defendant executor to personally bear the plaintiffs' costs on the ordinary basis after finding his unreasonable conduct — including taking unilateral steps regarding estate property without co-executors' knowledge or consent and ignoring professional advice — necessitated the application to revoke the grant of probate. The defendant was denied any right of indemnity from the estate under UCPR r 42.25(2) for both his own costs and the costs he was ordered to pay the plaintiffs, with the difference between the plaintiffs' indemnity and ordinary costs to be paid from the estate. The result turned on the specific factual findings of obstructive and unilateral conduct by the defendant executor.