Saeedi v Pastrello (No 2)

[2025] ACTSC 460

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Saeedi v Pastrello (No 2)

Citation: 

[2025] ACTSC 460

Hearing Date: 

On the papers

Decision Date: 

15 October 2025

Before:

Mossop J

Decision: 

(1)    The costs of the first plaintiff are to be paid out of the estate on an indemnity basis.

(2)    The costs of the second, third, and fourth plaintiffs are to be paid out of the estate on a party and party basis up to 7 December 2023 and on a solicitor and client basis thereafter.

(3)    The costs of the defendants are to be paid out of the estate on a party and party basis.

Catchwords: 

PRACTICE AND PROCEDURE – COSTS – Costs in probate matters – where first plaintiff (executor of new will) ceased to play active role in proceedings – where certain defendants (who propounded the new will) became plaintiffs and stepped into the role that the executor would have otherwise performed – where conduct of remaining defendants challenging the new will had a proper and reasonable basis, but was motivated, at least in part, by their own financial interests – costs orders made in favour of all parties payable out of the estate

Cases Cited:

Elders Trustee & Executor Co Ltd v Eastoe [1963] WAR 36

In the Estate of Edna Ann Levy [2018] ACTSC 150

Saeedi v Pastrello [2025] ACTSC 26

Parties: 

Kamyar Saeedi (in his capacity as executor of the estate of the late Lorenzo Pastrello) (First Plaintiff)

Carl Lorenzo Pastrello (Second Plaintiff)

Christian Ivan Pastrello (Third Plaintiff)

Massimo Max Eddy Pastrello (Fourth Plaintiff)

Luisa Sonia Pastrello (First Defendant)

Eddy Louis Pastrello (Second Defendant)

Representation: 

Counsel

WDB Buckland (First Plaintiff)

K Binstock (First and Second Defendants)

Solicitors

Kamy Saeedi Law (First Plaintiff)

KJB Law (Second, Third and Fourth Plaintiffs)

Thomson Geer (First and Second Defendants)

File Number:

SC 286 of 2022

MOSSOP J:

Introduction

1. These reasons relate to the costs orders that should be made consequent upon the judgment delivered on 12 February 2025: Saeedi v Pastrello [2025] ACTSC 26. In these reasons, I have referred to the parties by their names in the same manner that I did in the primary judgment.

2. Following the delivery of judgment on 12 February 2025, directions were made for the filing of written submissions in relation to costs. The first plaintiff (the executor, Mr Saeedi) and the defendants (Luisa and Eddy) filed submissions on costs. The second, third and fourth plaintiffs (Carl, Christian and Massimo) did not file any submissions on costs. There was little difference between the positions adopted by the executor and Luisa and Eddy.

Submissions

1. The executor contended that:

   (a)his costs should be paid out of the estate on an indemnity basis;

   (b)the costs of Carl, Christian and Massimo should be paid out of the estate on a party and party basis up to 7 December 2023 and on a solicitor and client basis thereafter; and

   (c)the costs of Luisa and Eddy should be paid out of the estate on a…