Ray v Greenwell

In the case of Ray v Greenwell, the plaintiff, Ray, sought family provision from the estate of his deceased father. The defendant, Greenwell, was the executor of the estate and was opposing the claim. The dispute centred on the appropriate amount of provision that should be made to the plaintiff. The matter was heard in the Supreme Court of Queensland.

The court had to determine whether it should make an order for costs in favour of the defendant that was no more favourable than what the plaintiff would have received had they accepted a previous offer of compromise. The court noted that, in family provision proceedings, costs are treated differently than in other types of proceedings. The court was required to consider whether it should make an order for costs that was less favourable than the offer of compromise, despite the automatic consequence provided by statute.

The court held that, in family provision proceedings, the discretion to award costs should be exercised in a manner that promotes the resolution of family disputes in an atmosphere free from undue pressure and acrimony. The court found that, in this case, the plaintiff's refusal to accept the offer of compromise was unreasonable, and the defendant was entitled to an order for costs. However, the court considered that it was appropriate to make an order for costs that was less favourable than the offer of compromise, in order to promote the resolution of family disputes in an atmosphere free from undue pressure and acrimony. The court made an order for costs in favour of the defendant, but the order was less favourable than the offer of compromise.