Bradley, Re the will of [1994] QSC 157

_ ::J~-~~- ---- 8 c. q4fts 7 fl'• State Reporting Bureau I /-~ TRANSCRIPT OF PROCEEDINGS (Copyright in this transcript is vested in the Crown. Copies thereof must not ·be made or sold without the written authority of the Director, State Reporting Bu:eau.) \) SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION MACKENZIE J os No 789 of 1992 OS No 723 of 1993 IN THE MATTER OF THE SUCCESSION ACT 1981 and IN THE MATTER OF THE TRUSTS ACT 1973 REVl2cD COPiES ISSUED State F~sporting Bureau Date r I (o I 9'f ~ and IN THE MATTER OF THE RULES OF THIS HONOURABLE COURT and IN THE MATTER OF THE TRUSTS OF THE WILL OF WILLIAM FRANCIS BRADLEY,...--LATE OF DAYBORO IN THE STATE OF QUEENSLAND OS No 896 of· 1993 IN THE MATTER OF THE TRUSTS ACT 1973 and IN THE MATTER OF THE TRUSTS OF THE WILL OF WILLIAM FRANCIS BRADLEY LATE OF DAYBORO IN THE STATE OF QUEENSLAND 1 14th Floor, T~e Law Courts, George Street, Brisbane, ~ 4000 Telephone: (07) 227 4360. Facsimile: (07) 227 5532 -- 1 of 3 -- BRISBANE •• DATE 23/05/94 •• ORDER 2 10 ( 30 40 l 50 60 -- 2 of 3 -- 230594 dbm (Mackenzie J) HIS HONOUR: When the matter was originally before me, I did give some thought to the question of costs in the light of the findings I then made. The case seemed to be out of the ordinary stream of cases where indemnity or solicitor and client costs were ordered. 10 Weighing up all of the circumstances and the pluses and minuses, I thought that the order that I made on that occasion was an appropriate order. Nothing that has been said this morning has persuaded me to change that view, except that it 20 has been pointed out to me by Mr Stephens, and Mr Newton accepts, that costs reserved on a prev:ious occasion should be included in . :w.l:J.atever . order I make today, so the result will be that the application that was made instanter to have the basis of the costs order 30 originally pronounced changed will be refused and it should follow in the circumstances that costs of today's application, including reserved costs, are ordered to be paid by ) Garry Wayne Bradley. 40 50 60 JUDGMENT 3 -- 3 of 3 --