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Robinson v Glennon (No 2)

Robinson v Glennon (No 2)

Case [2025] NSWSC 1120 25 September 2025

Family Provision

Costs

Intestacy

Administrator of the Estate

Succession Law

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Supreme Court

New South Wales

Medium Neutral Citation: Robinson v Glennon (No 2) [2025] NSWSC 1120
Hearing dates: On the papers
Date of orders: 25 September 2025
Decision date: 25 September 2025
Jurisdiction: Equity - Family Provision List
Before: Brereton J
Decision:
(1) The parties are to exchange proposed orders to dispose of the proceedings within 7 days.
(2) In the event the parties can agree on proposed orders, those orders are to be provided to my Associate.
(3) In the event the parties cannot agree, then within a further 7 days after the time allowed for in (1), the parties are to provide to my Associate the orders proposed, to be accompanied by submissions not exceeding 3 pages.

Catchwords:
SUCCESSION – family provision – costs – intestacy where plaintiff’s application for a family provision order will succeed – general rule that costs follow the event pursuant to UCPR r 42.1 – where the overall justice of the case must be considered – where question of whether litigation expenses can be recovered may depend on the underlying character of the litigation – where defendant was administrator of the estate – where defendant was defending her entitlement to obtain the deceased’s estate pursuant to intestacy rules – where litigation principally pursued for the benefit of the defendant – defendant entitled to reimbursement for steps undertaken to secure and perform the administration of the estate on an indemnity basis – defendant only entitled to be reimbursed part of her costs of the proceedings from the estate – parties to provide final orders to give effect to reasons – application for costs order by former solicitor for the plaintiff – whether application should be entertained – application not entertained

Legislation Cited:
Succession Act 2006 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)

Cases Cited:
Alexiou v Alexiou [2024] NSWSC 1340
Alexiou v Alexiou [2025] NSWCA 164
Chapple v Wilcox (2014) 87 NSWLR 646; [2014] NSWCA 392
Forsyth v Sinclair (No 2) (2010) 28 VR 635; [2010] VSCA 195
Geoghegan v Szelid [2011] NSWSC 1440
Grant v Roberts; Smith v Smith; Roberts v Smith; Curtis v Smith [2019] NSWSC 843
Haertsch v Whiteway (No 2) [2020] NSWCA 287
Jvancich v Kennedy (No 2) [2004] NSWCA 397
Nobarani v Mariconte (No 2) [2018] HCA 49; 92 ALJR 1031
Pang v Fong (No 2) [2014] NSWSC 1924
Pethers v Pethers (No 2) [2025] NSWSC 561
Robinson v Glennon [2025] NSWSC 770
Salmon v Osmond [2015] NSWCA 42; 14 ASTLR 442
Sarant v Sarant (No 2) [2020] NSWSC 1897
Shelley v Prager (No 2) [2020] NSWSC 1553
Singer v Berghouse [1993] HCA 35; 67 ALJR 708
Wang v D’Ambrosio [1999] NSWSC 227

Texts Cited:
N.A.

Category: Costs
Parties: Kylie Robinson (plaintiff)
Vicki Glennon (defendant)
City Lawyers and Consultants (applicant)
Representation:
Counsel:
P Livingstone (plaintiff)
A Martin (defendant)
L Ventsov (applicant - solicitor)
Solicitors:
CSS Legal (defendant)
City Lawyers and Consultants (applicant)

File Number(s): 2024/151634
Publication restriction: N.A.

JUDGMENT

I delivered reasons in these…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Robinson v Glennon (No 2)

Details

AGLC: Robinson v Glennon (No 2) [2025] NSWSC 1120
Case: [2025] NSWSC 1120
Decision Date: 25 September 2025

CaseChat Overview and Summary

In Robinson v Glennon (No 2), the plaintiff sought a family provision order from the estate of the deceased, who died intestate. The defendant, who was the administrator of the estate, opposed the application, arguing that the plaintiff was not entitled to any provision from the estate. The case was heard in the Supreme Court of New South Wales. The central issue before the court was whether the defendant, as the administrator of the estate, was entitled to reimbursement of her litigation expenses from the estate, and if so, to what extent.

The court considered the general rule that costs follow the event, as per UCPR r 42.1, and the broader considerations of justice in the case. It recognised that the question of whether litigation expenses could be recovered might depend on the underlying nature of the litigation. In this case, the litigation was primarily pursued for the benefit of the defendant, who was defending her entitlement to obtain the deceased's estate under the intestacy rules. The court held that the defendant was entitled to reimbursement for steps taken to secure and perform the administration of the estate on an indemnity basis. However, the court determined that the defendant was only entitled to be reimbursed a portion of her costs of the proceedings from the estate.

The court directed the parties to provide final orders to give effect to its reasons. Additionally, the former solicitor for the plaintiff applied for a costs order, but the court decided not to entertain the application. The court's decision focused on the specific circumstances of the case and the principles of justice, ultimately guiding the parties on the reimbursement of litigation costs and the final orders to be made.

Orders