NSW Caselaw
New South Wales Court of Appeal
CITATION: Nicholls v Hall and Ors (No 2) [2008] NSWCA 20
HEARING DATE(S): written submissions
JUDGMENT DATE: 6 March 2008
JUDGMENT OF: Mason P; Hodgson JA; McColl JA
DECISION: Case not made out to alter the costs orders previously made.
CATCHWORDS: COSTS – Family provision – Appeal – Appeal court awards appellant one-seventh share of estate – Offer of compromise at first instance but not on appeal – No effect on costs of appeal – Offer of sum greater than amount resulting from appeal decision, but less than amount appellant would have received if costs not incurred – Costs orders in favour of appellant confirmed.
LEGISLATION CITED: Uniform Civil Procedure Rules 2005, Pt 42 r 15
CATEGORY: Consequential orders
CASES CITED: Fotheringham v Fotheringham No. 2 (1999) 46 NSWLR 154 Moore v Woodforth (No. 2) [2003] NSWCA 46
David Norman NICHOLLS (appellant) Deborah Anne HALL (first respondent) Gregory Robert HALL (second respondent) PARTIES: Donna Louise ROBINSON (third respondent) Gregory James ROBINSON (fourth respondent) Deanne Elizabeth DAY (fifth respondent) Colin William DAY (sixth respondent)
FILE NUMBER(S): CA 40832/06
COUNSEL: L ELLISON SC (Appellant) J R WILSON SC/ D LIEBHOLD (Respondents)
SOLICITORS: Turnbull Hill Lawyers (Appellant) Kells the Lawyers (Respondents)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 2998/05
LOWER COURT JUDICIAL OFFICER: Young CJ in Eq
LOWER COURT DATE OF DECISION: 12 December 2006
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