Berry v Nicholls [2016] NSWCA 272

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Berry v Nicholls [2016] NSWCA 272 Hearing dates: 20 September 2016 Decision date: 20 September 2016 Before: Beazley P; McColl JA; Ward JA Decision: (1) Summons for leave to appeal dismissed;

(2) Costs of the applicant on the summons for leave to appeal be paid out of the estate on an indemnity basis;

(3) Costs of each respondent be paid out of the estate on the ordinary basis. Catchwords: APPEAL – application for leave to appeal from orders making provision out of deceased estate – amount in issue small in relation to value of estate and costs likely to be incurred should appeal be allowed – no error of principle demonstrated in primary judge's decision Cases Cited: Carolan v ALF Bowling Pty Limited [1995] NSWCA 69 House v The King (1936) 55 CLR 499; [1936] HCA 40 Category: Principal judgment Parties: Eric Joseph Berry (Applicant) Sandra Nicholls (First Respondent) Diane Figueiredo (Second Respondent) Representation: Counsel: L Ellison SC; D Liebhold (Applicant) S Chapple (First Respondent) M Thompson (Second Respondent)

Solicitors: Owen Hodge Lawyers (Applicant) Stacks Law Firm (First Respondent) Gerard Malouf & Partners (Second Respondent) File Number(s): 2016/80064 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Citation: [2016] NSWSC 130 Date of Decision: 18 February 2016 Before: Lindsay J File Number(s): 2014/166897; 2014/305184