Small v Phillips (No 3) [2020] NSWCA 24

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Small v Phillips (No 3) [2020] NSWCA 24 Hearing dates: On the papers (Submissions by 12 December 2019) Decision date: 26 February 2020 Before: Brereton JA; McCallum JA; Emmett AJA Decision: Order that: (1) the costs of all parties, both of the appeal and of the proceedings in the Equity Division, be paid out of the estate of Mrs Phillips; (2) the costs of the Appellant be paid on the indemnity basis; (3) the costs of the First and Second Respondents be paid on the ordinary basis; and (4) the costs of the Third and Fourth Respondents be paid on the indemnity basis. Catchwords: CIVIL PROCEDURE – Court of Appeal – Costs orders – Costs orders for proceedings in the exercise of protective jurisdiction – Whether the appellant's costs should be paid on the ordinary basis or the indemnity basis. Legislation Cited: Civil Procedure Act 2005 (NSW) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: A Ltd v J (No 3) [2017] NSWSC 931 Re MP's Statutory Will [2019] NSWSC 331 Re K's Statutory Will [2017] 96 NSWLR 69; [2017] NSWSC 1711 Small v Phillips (No 2) [2019] NSWCA 268 Category: Costs Parties: Anthony Phillip Small (Appellant) Sharonne Rose Phillips (First Respondent) Robert Ellis Phillips (Second Respondent) Sharonne Rose Phillips and Robert Ellis Phillips in their capacity as private managers of the estate of Millie Phillips (Third Respondent) Millie Phillips by her Tutor, Michaela Money (Fourth Respondent) Representation: Counsel: C J Birch SC with J Mack (Appellant) H Morrison (First Respondent) L Ellison SC (Second Respondent) C Homer (Third Respondent) M K Meek SC (Fourth Respondent)