Mikan v Velcic (No 2)

The case of Mikan v Velcic (No 2) involved a dispute between the plaintiff and the defendant over the costs of the proceedings. The plaintiff sought an order that her costs should be paid out of the defendant's estate, while the defendant sought an order that the plaintiff should pay the defendant's costs of the proceedings, including costs calculated on the indemnity basis. The court had to decide the legal issues surrounding the costs of the proceedings and the costs of obtaining administration.

The central legal issue was whether the plaintiff's costs should be paid out of the defendant's estate. The court had to determine the appropriate basis for calculating the defendant's costs and whether the plaintiff should be liable for the defendant's costs of obtaining administration. The court also had to consider the distinction between the costs of the proceedings and the costs of obtaining administration.

The court held that the plaintiff's costs should not be paid out of the defendant's estate. The court reasoned that the plaintiff had not succeeded in her claim and that the defendant had a right to seek costs from the plaintiff. The court further held that the defendant's costs should be calculated on the indemnity basis, and that the plaintiff should be liable for the defendant's costs of obtaining administration. The court found that the distinction between the costs of the proceedings and the costs of obtaining administration was not relevant in this case.

The court dismissed the plaintiff's proceedings and ordered that the plaintiff pay the defendant's costs of the proceedings, including costs calculated on the indemnity basis, and the defendant's costs of obtaining administration. The court held that the plaintiff's claim was without merit and that the defendant was entitled to recover her costs from the plaintiff.