Clay v Karlson

Case [2001] WASC 141


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION:   CLAY -v- KARLSON & ANOR [2001] WASC 141

CORAM:   ROBERTS-SMITH J

HEARD:   19-23 MARCH 2001

DELIVERED          :   5 JUNE 2001

FILE NO/S:   CIV 2388 of 1996

BETWEEN:   MARK GREGORY CLAY

Plaintiff

AND

KEVIN GUSTAV KARLSON
First Defendant

MARIE KURELIC
Second Defendant

Catchwords:

Costs - Probate action - Application for revocation of probate of codicil - Extensive interlocutory applications

Legislation:

Rules of the Supreme Court 1971 (WA) O 66

Result:

The plaintiff to pay the second defendant's costs of the claim and counterclaim (including reserved costs) to be taxed as between party and party

For the purposes of the taxation the limits in the Fourth Schedule to the Rules of the Supreme Court be removed

There be a certificate for counsel

Representation:

Counsel:

Plaintiff:     In person

First Defendant             :     No appearance

Second Defendant         :     Mr R Davis

Solicitors:

Plaintiff:     In person

First Defendant             :     No appearance

Second Defendant         :     Julian Tydde & Co

Case(s) referred to in judgment(s):

Anfranks Nominees Pty Ltd v Connell (1991) 6 WAR 271

Bartlett v Barclays Bank Trust Co Ltd [1980] Ch 515

Clay v Karlson & Anor [1999] WASC 71

Clay v Karlson & Anor, unreported; SCt of WA (Templeman J); Library No 970446; 28 August 1997

Clay v Karlson [1999] WASC 152

Clay v Karlson [1999] WASC 205

Clay v Karlson [2000] WASC 132

Clay v Karlson, unreported; SCt of WA; Library No 980118; 17 March 1998

Clay v Karlson, unreported; SCt of WA; Library No 980661; 10 November 1998

Clay v Karlson, unreported; SCt of WA; Library No No 990046; 10 February 1999

Colgate-Palmolive Co v Cussons (1993) 46 FCR 225

Co‑operative Bulk Handling Ltd v Australian Manufacturing Workers' Union (WA Branch), unreported; SCt of WA (Wheeler J); Library No 970190; 30 April 1997

EMI Records Ltd v Ian Cameron Wallace Ltd [1982] 2 All ER 980

Huntsman Chemical Company Australia Ltd v International Pools Australia Ltd (1995) 36 NSWLR 242

Mitchell v Gard (1863) 3 SW & TR 275; 164 ER 1280

Nock v Austin (1918) 25 CLR 519

Re Bond Corp Holdings Ltd(1990) 1 WAR 465

Re Green [1969] WAR 67

Re Herbert (1990) 101 FLR 279

Singleton v Macquarie Broadcasting Holdings Ltd (1991) 24 NSWLR 103

Spiers v English (1907) P 122

Twist v Tye (1902) P 92

Unoil International Pty Ltd v Deloitte Touche Tohmatsu [No 2] (1997) 18 WAR 190

Case(s) also cited:

Ajili v Dinica Popp, unreported; SCt of NSW (Windeyer J); 19 December 1995

Bailey v Bailey (1924) 34 CLR 558

Ball v Fulton (1942) 66 CLR 295

Banks v Goodfellow [1870] 5 QB 549

Barry v Butlin (1838) 2 Moo PCC 480

Beim v Alldrift, unreported; SCt of Qld (Chesterman J); 19 June 1998

Boreham v Prince Henry Hospital (1955) 29 ALJR 179

Collins v May [2000] WASC 29

Dufaur v Croft (1840) 3 Moo PC 136

Fulton v Andrew (1875) LR VII HL 448

In the Will of Wilson (1897) 23 VLR 197

Kinleside…

Continue reading Clay v Karlson

Sign in free to access the full text

Details
AGLC
Clay v Karlson [2001] WASC 141
Case
[2001] WASC 141
Decision Date

CaseChat Overview and Summary

The case between Mark Gregory Clay and Marie Kurelic involved a dispute over the validity of a codicil to a will executed by Alfred Clay, known as Alf. The plaintiff, Mark, sought to revoke the codicil on the basis that Alf lacked testamentary capacity when it was executed. The second defendant, Marie, was the residuary beneficiary of Alf's will and stood to benefit significantly from the codicil. The case had a lengthy history of interlocutory applications and disputes over pleadings and discovery. The trial was set for five days but was concluded in four days. The plaintiff conceded the case just before the hearing commenced on the fifth day. The court dismissed the action, granted judgment for the second defendant on the counterclaim, and pronounced and granted probate in solemn form of the will and codicil. The question of costs was reserved for further argument. The court held that the plaintiff had not shown adequate reason for an order of a different character in relation to the award of costs. The court ordered that the plaintiff pay the second defendant's costs of the claim and counterclaim, to be taxed as between party and party, and that the limits in the Fourth Schedule to the Rules of the Supreme Court be removed for the purposes of taxation. The court also ordered that there be a certificate for counsel.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.