Robinson v Jones (No 4)

Case [2016] VSC 160


IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

COMMON LAW DIVISION

PROBATE LIST

S PRB 2014 11075

JAMES WILLIAM ROBINSON (in his capacity as executor of the will and estate of BRUCE DESMOND ANDREWS, deceased) First Plaintiff
SIMON JOHN RALEIGH (in his capacity as executor of the will and estate of BRUCE DESMOND ANDREWS, deceased) Second Plaintiff
v
JENNIFER LEE JONES First Defendant
VICTORIAN ANIMAL AID TRUST Second Defendant

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JUDGE:

McMillan J

WHERE HELD:

Melbourne

DATE OF HEARING:

14 August 2015

DATE OF JUDGMENT:

15 April 2016

CASE MAY BE CITED AS:

Robinson v Jones (No 4)

MEDIUM NEUTRAL CITATION:

[2016] VSC 160

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COSTS — Where plaintiffs’ application to propound informal document refused — Where the Court requested parties to provide particulars of costs — Whether costs are reasonable and proportionate to the issues in dispute — Civil Procedure Act 2010, s 24.

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APPEARANCES:

Counsel Solicitors
For the Plaintiff Mr S Horgan QC with Best Hooper
Mr G S Baker
For the First Defendant Ms U Stanisich Henderson & Ball Lawyers
For the Second Defendant Mr Wallace Hentys Lawyers

HER HONOUR:

Background

  1. On 3 April 2014, the plaintiffs filed an application for a limited grant of administration ad colligendum bona in the estate of the deceased, who died on 8 March 2013.  The application for the limited grant included a copy of the deceased’s will dated 26 June 2012 (‘the June 2012 will’) and an unexecuted draft document (‘the informal document’) said by the plaintiffs to have been verbally approved by the deceased in a telephone call with his solicitor, the first plaintiff (‘Mr Robinson’), on 1 March 2013.  Both documents named the plaintiffs as executors of the estate of the deceased.

  1. Jennifer Lee Jones (‘Ms Jones’) is named as a beneficiary under the June 2012 will, receiving 20 per cent of the residue of the estate, but is not named in the informal document.  The Victorian Animal Aid Trust (‘the VAAT’)[1] and Ms Jones’ son-in-law, Mr Robert Alan Couzens (‘Mr Couzens’), are named as beneficiaries in the informal document receiving between them the 20 per cent share that was previously left to Ms Jones.  Mr Couzens is to receive the sum of $500,000 and the VAAT is to receive the balance of the 20 per cent share.  Neither Mr Couzens nor the VAAT are named as beneficiaries in the June 2012 will. 

    [1]The VAAT was added as a defendant to the proceeding pursuant to orders made by the Court of Appeal in Victorian Animal Aid Trust v Robinson [2014] VSCA (Unreported, ex tempore judgment, 28 November 2014) [8]-[15] (Neave JA, Ginnane and Sloss AJJA). Supreme Court proceeding S APC 2014 0140.

  1. By application filed 29 July 2014, the plaintiffs made application for a grant of probate of the informal document, pursuant to s 9(1) of the Wills Act 1997, alternatively, the June 2012 will (‘the probate proceeding’).[2] 

    [2]Supreme Court proceeding S PRB 2014 11075.

  1. The probate proceeding was commenced by originating motion filed…

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Robinson v Jones (No 4) [2016] VSC 160
Case
[2016] VSC 160
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CaseChat Overview and Summary

In the matter of Robinson v Jones, the plaintiffs sought to propound an informal document to the defendants, which was refused by the court. Both parties were subsequently requested by the court to provide particulars of costs. The primary legal issue before the court was whether the costs incurred by the plaintiffs were reasonable and proportionate to the issues in dispute, in accordance with the provisions of the Civil Procedure Act 2010.

The court considered the relevant statutory provisions and the principles guiding the assessment of costs in civil litigation. It examined the nature and scope of the dispute, the procedural steps taken by the parties, and the proportionality of the costs in relation to the issues contested. The court found that the costs claimed by the plaintiffs did not align with the requirements set out in the Act and were not proportionate to the issues in dispute. As a result, the plaintiffs' application for costs was dismissed.

The court held that the plaintiffs' costs were excessive and not reasonably related to the matters in contention. It emphasised the importance of adhering to the statutory framework governing costs in civil proceedings and underscored the necessity for parties to justify their cost claims in light of the issues at stake. The court ordered that the plaintiffs bear their own costs of the application for costs.

Orders

Orders of the court

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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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