Salmon v Osmond (No 2) [2015] NSWCA 131

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Salmon v Osmond (No 2) [2015] NSWCA 131 Hearing dates: On the papers Decision date: 18 May 2015 Before: Beazley P; McColl JA; Gleeson JA Decision: (1) Vary order 5 of the judgment of this Court of 10 March 2015 as follows:

"5. In lieu of order 5 in the judgment of the court below of 17 September 2013, order that the second respondent, Donna Maree Peters, pay the appellants' costs of proceedings in the court below, on the ordinary basis up to and including 8 January 2013 and on an indemnity basis as and from 9 January 2013."

(2) Vary order 6 of the judgment of the court below of 17 September 2013 as follows:

"6. The costs referred to in (5) shall be determined as 20 per cent of the costs incurred by the estate in defending the proceedings brought by the first plaintiff and the third plaintiff and shall be credited to the amounts to be distributed from the estate to the first defendant and second defendant in proportion to the amounts paid from their share of the estate to satisfy order (7)."

(3) The first and second respondents should pay the costs of the appellants' notice of motion filed 23 March 2015. Catchwords: PRACTICE AND PROCEDURE – Uniform Civil Procedure Rules 2005, rr 36.16, 36.17 – slip rule – whether no order as to costs prior to offer of compromise Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 36.16(3A), 36.17 Category: Procedural and other rulings Parties: Michael Augustine Salmon, Esmae Frances Salmon and Sue Frances Salmon (Appellants) Kerryn Therese Osmond (First Respondent) Donna Maree Peters (Second Respondent) Representation: Counsel: D A Smallbone (Appellants) M K Meek SC; N C T Bilinsky (Respondents)