Plaintiff v Defendants [2025] VSC 168 | Case summary

Supreme Court of Victoria|2025-04-03|Before: Lorenz JR

For the reasons above, I will order that the plaintiff and claimants' costs of and incidental to this proceeding be paid from the Deceased Estate. In circumstances where I have found the proceeding is best assessed as a trust dispute, the costs ought be paid on an indemnity basis to be taxed in default of agreement.

PETAR DAMNJANOVIC (as Executor of the Estate of Svetozar Stanojevic, deceased)

[1] [2022] VSC 366 ('Kempson').

(General Civil [Procedure) Rules 2015

TRUSTS, EQUITY AND PROBATE - Application for costs - Kempson v Haydon (Costs) [2022] VSC 366 - Three categories of applications for judicial advice - Rigby v Tiernan [2016] VSC 352 - Should defendants bear their own costs of the proceeding based on unreasonable behaviour - Application that defendants bear their own costs by a trustee of a will - Trustee seeking judicial advice - s 30 of Administration and Probate Act 1958 - Sons of Gwalia Ltd (subject to DOCA) v Margaretic & Anor [2006] FCAFC 92; (2006) 232 ALR 119 - Dispute between beneficiaries of a trust and an impartial trustee - Civil Procedure Act 2010 (Vic).

Plaintiff v Defendants

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