Liverpool City Council v Estephan Estephan (Executor and Administrator of the Estate of the late Jocelyn Estephan & Ors) [2009] NSWCA 161

New South Wales Court of Appeal

CITATION: Liverpool City Council v Estephan Estephan (Executor and Administrator of the Estate of the late Jocelyn Estephan & Ors) [2009] NSWCA 161 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 2 April 2009

JUDGMENT DATE: 3 July 2009

JUDGMENT OF: Giles JA at 1; McColl JA at 123; Basten JA at 124

DECISION: In each of proceedings 40518/07, 40519/07 and 40116/09: (1) Appeal allowed in part. (2) Set aside the orders made on 26 October 2007 that the third defendant pay the plaintiff's costs on an indemnity basis and in lieu thereof order that the third defendant pay on an indemnity basis the costs incurred by the plaintiff by reason of the matters identified in [17] of the reasons published on that day. (3) Set aside the orders made on 26 October 2007 that the third defendant pay the first and second defendants' costs of the trial on an indemnity basis and in lieu thereof order that the third defendant pay on an indemnity basis the first and second defendants' costs of the trial incurred from 6 to 20 March 2006 inclusive by reason of the matters identified in [17] of the reasons published on that day and their costs of the trial incurred from 20 March 2006. (4) Set aside the orders made on 26 October 2007 that the costs of the first and second defendants payable by the third defendant include any costs payable by the first and second defendants to the plaintiffs. (5) Set aside the orders made on 26 October 2007 that the Council pay the costs of each other party to the costs applications and in lieu thereof order – (a) as between the third defendant and the plaintiff the third defendant pay 75 per cent of the costs of the costs application; and (b) as between the third defendant and the first and second defendants that the third defendant pay 70 per cent of the costs of the costs application. (6) Appeals otherwise dismissed. In each of proceedings 40115/09 and 40117/09 - (7) Appeal dismissed. In all the appellate proceedings - (8) Appellant pay the costs of the first respondent. (9) Appellant pay 75 per cent of the costs of the second to sixth respondents. (10) Appellant pay 75 per cent of the costs of the seventh and eighth respondents.