Event and Time
Event Description
- Case Title: Stojanovski v Stojanovski (No 3) [2020] NSWSC 1540
- Date: Proceedings concluded on [specific date not provided, likely in 2020]
Application and Claims
- The second defendant, Jovanka, sought costs orders against the bankrupt first defendant and, alternatively, against the estate of her deceased mother.
- Jovanka had filed a submitting appearance and incurred costs to apply for family provision relief from the estate but did not actively pursue that application.
- Her costs claims were primarily against Robert and included alternative claims for costs to be paid out of her mother’s estate.
Judicial Decisions
- The court dismissed Jovanka's application for costs.
- The court noted that Jovanka’s claims had issues that were not properly addressed in her application for costs.
- The dismissal was based on the determination that Jovanka did not prosecute her application for family provision relief and incurred substantial legal costs without a basis for recovery.
Dispute Points and Legal Basis
Dispute Points
- Jovanka's Arguments:
- Claimed costs against Robert personally and the estate of her deceased mother. - Argued the necessity of legal representation given the complexity of the case. - Believed costs should be covered by the estate as she was involved in the proceedings.
- Robert's Arguments:
- Contesting Jovanka's entitlement to any costs due to her non-participation in the substantive claims. - Emphasised that Jovanka was not required to take part and had not shown sufficient evidence to justify her costs claims.
- Trustees' Position:
- Provided submissions concerning the treatment of property within the estate and supported Robert’s stance against the costs order.