Katramados v Hasapis (No 2)

Case

[2018] NSWSC 1604

26 October 2018


Details
AGLC Case Decision Date
Katramados v Hasapis (No 2) [2018] NSWSC 1604 [2018] NSWSC 1604 26 October 2018

CaseChat Overview and Summary

The case of Katramados v Hasapis (No 2) involves a dispute related to succession, wills, probate, and administration. The parties involved are Katramados and Hasapis, with the matter being heard before the court. The primary focus of the case is to implement an earlier judgment regarding the making of orders, with no point of principle being contested. Additionally, the court is invited to consider whether a special costs order should be made, given the deceased's conduct that led to the proceedings or if it was reasonable for the defendants to contest the plaintiff's probate claim.

The legal issues at hand pertain to the consideration of family provision and maintenance matters, which require determination before final orders can be made. The court must also assess the significance of costs orders for the terms of available family provision orders and make appropriate case management orders. Furthermore, the reasonableness of costs incurred is under scrutiny, specifically the division of costs between probate and family provision claims. Both parties are ordered to provide further information to the court concerning the legal costs they have incurred.

In its reasoning, the court addresses the issues of succession, family provision, and maintenance. It considers the need for case management orders and the significance of costs orders for family provision. The court also evaluates the reasonableness of costs incurred and the division of costs between probate and family provision claims. The court finds no point of principle in dispute and invites the parties to make submissions on whether a special costs order should be made. It orders both parties to provide further information regarding their legal costs.

The final orders of the court will depend on the submissions made by the parties concerning the special costs order and the further information provided regarding their legal costs. The court will determine the reasonableness of the costs incurred and the division of costs between probate and family provision claims. The outcome will also address the consideration of family provision and maintenance matters, the significance of costs orders, and the need for appropriate case management orders.
Details

Areas of Law

  • Succession Law

Legal Concepts

  • Costs

  • Family Provision

  • Case Management

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

8

Bassett v Bassett [2021] NSWCA 320
Katramados v Hasapis (No 5) [2021] NSWSC 1656
Katramados v Hasapis (No 4) [2019] NSWSC 846
Cases Cited

6

Statutory Material Cited

4

Katramados v Hasapis [2018] NSWSC 948
Nudd v Mannix [2009] NSWCA 327
Curnow v Curnow [2014] NSWSC 896