Squire v Squire (No 2)

In *Squire v Squire (No 2)*, the appellants sought to appeal orders made by Kunc J concerning the estate of the late Richard Squire. The dispute centred on the distribution of the deceased's assets, particularly the proceeds from the sale of a property. The appeal was heard by Macfarlan and Meagher JJA, and Simpson AJA.

The primary legal issues before the Court of Appeal were whether the orders made by Kunc J should be set aside, and how the costs of both the proceedings at first instance and the appeal should be determined, particularly in light of a Calderbank offer made by the appellants in relation to the original proceedings.

The Court of Appeal allowed the appeal, setting aside certain orders of Kunc J but preserving a prior costs order made by Hallen J. The court declared that the respondent's holding of the deceased's share of property sale proceeds in an ING account constituted notional estate. Pursuant to section 59 of the *Succession Act 2006* (NSW), the court ordered that $85,000 be paid from this notional estate to each appellant. Crucially, the court addressed costs by ordering that the appellants' costs of the proceedings below be paid out of the notional estate, assessed on an ordinary basis up to 14 November 2016 and on an indemnity basis thereafter, with an overall cap of $50,000. The appellants' costs of the appeal were also to be paid out of the notional estate, assessed on an ordinary basis and capped at $31,000. The respondent was also granted a certificate under the *Suitors’ Fund Act 1951* (NSW).