Talacko, Jan (as Executor of the Estate of Helena Marie Talacko); Bennett, Alexandra; Talacko, Martin; Talacko, Rowena and Talacko, Margaret Helen Beatrice v Talacko, Jan Emil [2017] VSC 804

COSTS
Judgment type: 
Supreme Court of Victoria
Judge(s): 
Sloss J
Parties: 

Talacko, Jan (as Executor of the Estate of Helena Marie Talacko); Bennett, Alexandra; Talacko, Martin; Talacko, Rowena and Talacko, Margaret Helen Beatrice v Talacko, Jan Emil

Judgment Date: 
22 December 2017
Catchwords: 

COSTS - Applications for costs of summonses before Associate Judge and notices of appeal from decision of Associate Judge - Where nature of proceeding changed and alleged grounds of error did not fall for determination - Held: no order as to costs.

COSTS - Duplication of representation - Where two parties sought to represent the deceased estate of a party - Where parties made complementary submissions - Whether double representation necessary - Held: unsuccessful applicant to bear own costs.

COSTS - Applications for relief upon alleged contraventions of Civil Procedure Act 2010 - Identification of costs thrown away - Where the issue of an amended certificate of finality by the Prothonotary rendered extant appeals futile - Where legal practitioners failed to inform the Court of the issue of the amended certificate in a timely manner - Where the change in the nature of the proceeding enabled the Court to hear and determine the real issues in dispute - Held: costs incurred in preparing for appeals only partially thrown away.

Citation: 
[2017] VSC 804