Ashton v Pratt No 2 [2015] NSWCA 134

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ashton v Pratt No 2 [2015] NSWCA 134 Hearing dates: On the papers Decision date: 21 May 2015 Before: Bathurst CJ at [1]; McColl JA at [20]; Meagher JA at [21] Decision: Cross-appeal dismissed. Order that the second and third respondents and their tutor, Liam Kelly, pay the first respondent's costs of the cross-appeal, excluding the costs of the motion filed on 23 October 2013 and determined on 18 November 2013. Catchwords: COSTS - costs orders against children – costs orders against tutors

COSTS – costs orders against joined parties - where successful party unsuccessfully opposed joinder application – where joined party did not seek costs against successful party in earlier proceedings

COSTS – analogy between principle that where testator has caused problem, estate should bear the costs and cases where party reasonably raises issue relating to affairs of testator for investigation Legislation Cited: Conveyancing Act 1919 (NSW) Cases Cited: Ashton v Pratt [2013] NSWCA 400 Ashton v Pratt [2015] NSWCA 12 Azar v Kathirgamalingan [2012] NSWCA 429 Dey v Victorian Railways Commissioners [1949] HCA 1; 78 CLR 62 John Alexander's Club Pty Ltd v White City Tennis Club Ltd [2010] HCA 19; 241 CLR 1 Kostka v The Ukrainian Council of NSW Incorporated [2013] NSWSC 222 News Ltd v Australian Rugby Football League Ltd [1996] FCA 870; 64 FCR 410 Perpetual Trustee Co Ltd v Baker [1999] NSWCA 244 Yakmor v Hamdoush (No 2) [2009] NSWCA 284; 76 NSWLR 148 Category: Costs Parties: Madison Ashton (Appellant) Jeanne Pratt (First respondent) Indra Heslop-Blochowiak (Second respondent) Xaviar Conor Heslop-Kelly (Third respondent) Representation: Counsel: G O'L Reynolds SC / R K Newton / D W Robertson (Appellant) M S Henry SC / J L Roy (First respondent) J Hewitt (Second and third respondents)