Gianna (Jenny) Angius v Gordon Albert Salier (No 2)

This case involved a dispute between Gianna (Jenny) Angius and Gordon Albert Salier, concerning the allocation of costs following a legal proceeding. The case was heard in the Supreme Court of New South Wales. The central issue in the case was the determination of costs to be borne by the parties, particularly whether these costs should be paid out of a fund related to a deceased estate.

The court had to decide on the appropriate basis for quantifying the costs, with the administrator of the estate arguing for the costs to be paid on an indemnity basis. This meant that the costs incurred by the administrator of the estate would be paid out of the estate on the indemnity basis, which allows for the recovery of all reasonable costs, including disbursements and out-of-pocket expenses. Additionally, the court exercised its discretion on whether to make an order as to costs in favor of or against the applicant or the first respondent.

The court ruled that there should be no order as to costs in favour of or against the applicant or the first respondent. The reasoning behind this decision was grounded in the court's discretion, taking into account the specific circumstances of the case and the arguments presented by both parties. The final outcome was that no party was to bear the costs of the proceedings, effectively leaving the financial burden unallocated between the parties involved.