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:
Solicitors:
P Livingstone (plaintiff)
A Martin (defendant)
L Ventsov (applicant - solicitor)
CSS Legal (defendant)
City Lawyers and Consultants (applicant)
File Number(s): 2024/151634 Publication restriction: N.A.
JUDGMENT
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I delivered reasons in these…
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- AGLC
- Robinson v Glennon (No 2) [2025] NSWSC 1120
- Case
- [2025] NSWSC 1120
- Decision Date
CaseChat Overview and Summary
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
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Background
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Decision
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