Lewis v Lewis (No 2) [2021] NSWCA 259

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lewis v Lewis (No 2) [2021] NSWCA 259 Hearing dates: On the papers Decision date: 26 October 2021 Before: Meagher JA, Leeming JA, Payne JA Decision: 1. Order that Peter's costs of the appeal and cross-appeal be paid out of the estate of the late Pamela Lewis, on terms that upon payment the Administrator of the estate shall be subrogated to Peter's entitlement under order 3 made on 6 August 2021. 2. Order that Peter's costs of the notice of motion filed on 20 August 2021 be included in Peter's costs of the appeal. Catchwords: COSTS – supplementary order concerning costs – successful respondent sought further order entitling his costs in successful defence of appeal to be paid out of estate with administrator subrogated to respondent's costs order – orders corresponded to form of orders made by trial judge which were unchallenged by appeal or cross-appeal – orders made Legislation Cited: Uniform Civil Procedure Rules, r 36.16 Cases Cited: Lewis v Lewis (No 2) [2020] NSWSC 1519 Lewis v Lewis [2021] NSWCA 168 Category: Costs Parties: David Grant Lewis (Appellant; Cross-respondent) Peter Howarth Lewis (First Respondent; Cross-appellant) Jeremy Neil Glass (Second Respondent, submitting) Representation: Counsel: R Wilson SC (Appellant; Cross-respondent) LJ Ellison SC (First Respondent; Cross-appellant)

Solicitors: Walker & White (Appellant; Cross-respondent) L Rundle & Co Solicitors (First Respondent; Cross-appellant) File Number(s): 2020/00317667 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity – Probate List Citation: [2020] NSWSC 1306 Date of Decision: 25 September 2020 Before: Parker J File Number(s): 2017/130576