Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Kordovoulos v Dixon-Hughes [2022] NSWCA 110 Hearing dates: 16 June 2022 Date of orders: 30 June 2022 Decision date: 30 June 2022 Before: Mitchelmore JA Decision: (1) Pursuant to UCPR rule 51.50(1), the appellants are to provide within 14 days security in the sum of $25,000 for the first respondent’s costs of the appeal either by payment of that amount into Court or in such other form as the appellants and respondents may agree in writing before that time expires.
(2) Stay these proceedings until the appellants have provided security for the first respondent’s costs of the appeal in accordance with Order 1.
(3) Order that the appellants pay the respondents’ costs of the application.
(4) List the proceedings before the Registrar on 20 July 2022 for directions.
Catchwords: APPEAL – representation of deceased estate – where interest of estate in the outcome of the appeal – where probate not to be applied for – appropriate for sole beneficiary under the will to be appointed to represent the estate
APPEAL – security for costs – where security for costs sought against individual appellants – whether special circumstances existed warranting the grant of security for costs – special circumstances found
Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rules 7.10 51.16, 51.37, 51.50
Cases Cited: Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1
Binetter (as the Representative of the Estate of the Late Ida Wolff) v Binetter [2020] NSWSC 552
Fox v Percy (2003) 214 CLR 118; [2003] HCA 22
Johnson v Mackinnon [2021] NSWCA 152
Lee v Lee (2019) 266 CLR 129; [2019] HCA 28
Longjing Pty Ltd v Perpetual Nominees Ltd [2017] NSWSC 1690
Murray John Carter v Ian Mehmet t/as ATF Ian G Mehmet Testamentary Trust [2021] NSWCA 32
Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247
Tait v Bindal People [2002] FCA 322
Tran v The Commonwealth [2009] FCA 921
Tyneside Management Pty Ltd v Hammersmith Management Pty Ltd [2013] NSWCA 404
Category: Procedural rulings Parties: Vicki Kordovoulos (First Appellant/Respondent on the motion)
Vicki Kordovoulos as representative of the Estate of John Kordovoulos (Second Appellant/Respondent on the motion)
Ramonda Dixon-Hughes (First Respondent/Applicant on the motion)
Mario Kordovoulos as the Executor of the Estate of Yvette Kordovoulos (Second Respondent/Applicant on the motion)Representation: Counsel:
Solicitors:
M Condon SC (Respondents/Applicants on the motion)
D Eardley (Appellants/Respondents on the motion)
Marsdens Law Group (Respondents/Applicants on the motion)
Theodore Solomon & Partners (Appellants/Respondents on the motion)
File Number(s): 2021/194547
2022/18349Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wales
- Jurisdiction:
- Equity – Expedition List
- Citation:
- Date of Decision:
- 18 June 2021
- Before:
- Sackar J
- File Number(s):
- 2018/334286
Judgment
-
MITCHELMORE JA: By notice of motion dated 25 March 2022, the respondents sought an order that the appellants provide security for costs, pursuant to rule 51.50…
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- Case
- [2022] NSWCA 110
- Decision Date
CaseChat Overview and Summary
The court found that it was appropriate for the sole beneficiary to represent the deceased estate in the appeal, given that probate had not yet been obtained and the beneficiary's interest aligned with that of the estate. Regarding the security for costs application, the court determined that special circumstances did exist, justifying the grant of security. The court reasoned that the appellants' financial position and the potential for them to be unable to meet the respondents' costs if the appeal were unsuccessful constituted such special circumstances.
Consequently, the court ordered that the appellants provide security for the first respondent's costs of the appeal in the sum of $25,000 within 14 days, either by payment into court or by agreement with the respondents. The proceedings were stayed until this security was provided. The appellants were also ordered to pay the respondents' costs of the application for security for costs, and the proceedings were listed for directions before the Registrar.
Orders
Orders of the court
(1) Pursuant to UCPR rule 51.50(1), the appellants are to provide within 14 days security in the sum of $25,000 for the first respondent’s costs of the appeal either by payment of that amount into Court or in such other form as the appellants and respondents may agree in writing before that time expires.
(2) Stay these proceedings until the appellants have provided security for the first respondent’s costs of the appeal in accordance with Order 1.
(3) Order that the appellants pay the respondents’ costs of the application.
(4) List the proceedings before the Registrar on 20 July 2022 for directions.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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