Weisbord v Rodny (No 5)

The Weisbord v Rodny (No 5) case involved claims from an adult child and adult grandchildren seeking provision from the deceased's estate under the Succession Act 2006 (NSW), Chapter 3. The dispute was heard in the Supreme Court of New South Wales. The claims were for family provision, with the court required to determine the validity and extent of the claims under the Succession Act. The court also needed to decide on the allocation of costs, particularly regarding the payment of the defendant executor's costs on an indemnity basis.

The court's reasoning involved a careful examination of the statutory requirements for family provision claims under the Succession Act. The court assessed the claims made by the adult child and adult grandchildren, considering the deceased's intention and the relevant provisions of the Act. Additionally, the court considered the implications of an offer of compromise where the plaintiff was unsuccessful, and whether there was sufficient merit in the offer to justify indemnity costs. The court concluded that the claims did not meet the threshold for indemnity costs and ordered that the defendant executor's costs be payable on a standard basis.

In its final orders, the court made several determinations. It found that the adult child and adult grandchildren's claims for family provision were not valid under the Succession Act. The court also ruled that the defendant executor's costs were to be paid on a standard basis, not on an indemnity basis, and that the costs should be paid out of the deceased estate. Furthermore, the court addressed the effect of its power to vary costs orders once entered, reaffirming the principle that such variations should be exercised with caution and only in exceptional circumstances.