Nobarani v Mariconte (No 2)

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, NETTLE, GORDON AND EDELMAN JJHOMAYOUN NOBARANI  APPELLANTANDTERESA ANNE MARICONTE  RESPONDENTNobarani v Mariconte [No 2][2018] HCA 4917 October 2018S270/2017ORDERThe costs referred to in orders 2(b), 2(d) and 3 of the orders of this Court in this matter made on 15 August 2018 be paid from the estate of the deceased and on a trustee basis.On appeal from the Supreme Court of New South WalesNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSNobarani v Mariconte [No 2]Practice and procedure – Costs – Wills, probate, and administration – Where respondent sought and obtained grant of probate in solemn form – Where respondent resisted appeals to set aside grant of probate – Where grant of probate set aside on appeal – Where respondent applied for order that appellant's costs of trial and appeals be paid out of estate of deceased and on trustee basis – Where costs not shown to be other than properly and reasonably incurred by respondent in connection with administration of estate – Whether order sought by respondent should be made.Words and phrases – "administration of the estate", "costs payable from the estate", "executor", "litigation expenses", "properly and reasonably incurred".KIEFEL CJ, GAGELER, NETTLE, GORDON AND EDELMAN JJ.   Order 4 of the orders made in this matter on 15 August 2018 provided that the respondent have liberty to apply within 14 days for an order that the appellant's costs of (i) the trial, (ii) ...