Foord v Brock

The Court of Appeal of New South Wales considered an appeal concerning the costs of probate proceedings and the remuneration of an administrator. The dispute arose from an entitlement to probate, leading to the appointment of a professional liquidator, Kevin Richard Shirlaw, by the consent of the parties. The appeal was brought against orders made by Master McLaughlin regarding the administrator's remuneration and expenses, as well as the costs of the probate proceedings themselves.

The central legal issues before the Court of Appeal were the extent of the court's power to make orders concerning an administrator's remuneration and the appropriate exercise of discretion in awarding costs in probate matters, particularly where a professional administrator is appointed to resolve disputes. The court was required to determine whether the Master's orders concerning these matters were correct and, if not, to re-exercise that discretion.

The majority of the Court of Appeal allowed the appeal, setting aside the Master's orders. The court reasoned that the administrator's remuneration and legal costs should be paid or retained by him out of the assets of the testatrix. Furthermore, the court ordered that the plaintiffs, who were also cross-defendants, were to pay the defendant cross-claimant's costs of the proceedings in the Equity Division. The respondents were also granted a certificate under the Suitors' Fund Act 1951, provided they met the necessary qualifications.