Gordon v Lever (No 4) [2020] NSWCA 280

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gordon v Lever (No 4) [2020] NSWCA 280 Hearing dates: On the papers Date of orders: 06 November 2020 Decision date: 06 November 2020 Before: Bell P; Payne JA and Emmett AJA Decision: Notice of Motion dated 22 November 2019 is dismissed with costs. Catchwords: COSTS – whether costs to be ordered in relation to argument regarding application to vary costs order Cases Cited: Gordon v Lever (No 2) [2019] NSWCA 275 Gordon v Lever (No 3) [2020] NSWCA 44 Category: Costs Parties: Stanley Robert Gordon (First Appellant) Christine Margaret Gordon (Second Appellant) Allen John Lever (First Respondent) Debra Ann Lever (Second Respondent) Representation: Counsel: M R Hall SC, L Byrne (Appellants) G A Sirtes SC, C Simpson (Respondents)

Solicitors: John F Gibson (Appellants) Parker & Kissane Solicitors (Respondents) File Number(s): 2019/11223 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity – Expedition List Citation: [2018] NSWSC 1888 and [2019] NSWSC 571 Date of Decision: 14 December 2018 and 17 May 2019 Before: Sackar J File Number(s): 2017/55270

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]