Re Clarke 10370284

Analysis

A previous order of the court had invited any parties seeking costs to lodge written submissions. Family members and the professional deputy submitted that their costs should be charged to Mrs Clarke’s estate.

Michael Clarke (the son of Mrs Clarke) wanted this decision postponed and an order for disclosure and for production of further accounts of the deputy and OPG.

Held (allowing the costs to be charged):

1. (1) There was no basis for departure from the general rule.
2. (2) Michael Clarke’s application was refused.
3. (3) The costs of the other family members and the deputy would be charged from Mrs Clarke’s estate.
4. (4) In the light of the one-sided publicity that Michael Clarke gives to the affairs of his mother, the judgments (both for this case and two other cases related to Mrs Clarke) were to be placed into the public domain.

JUDGMENT MR JUSTICE PETER JACKSON: [1] The order of 9 October invited any party seeking an order for costs to lodge written submissions. [2] The family members (Ms Angela Wilde and Mr Kevin Clarke) and the deputy submit that their costs should be charged to Mrs Clarke’s estate. [3] Mr Michael Clarke asks the court …

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