Gordon v Lever (No 3) [2020] NSWCA 44

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gordon v Lever (No 3) [2020] NSWCA 44 Hearing dates: On the papers Date of orders: 20 March 2020 Decision date: 20 March 2020 Before: Bell P; Payne JA and Emmett AJA Decision: No variation of costs order Catchwords: COSTS – discretion as to variation of costs order – Calderbank letter Cases Cited: Gordon v Lever (No 2) [2019] NSWCA 275 Category: Costs Parties: Stanley Robert Gordon (First Appellant) Christine Margaret Gordon (Second Appellant) Allen John Lever (First Respondent) Debra Ann Lever (Second Respondent) Representation: Counsel: M R Hall SC, L Byrne (Appellants) G A Sirtes SC, C Simpson (Respondents)

Solicitors: John F Gibson (Appellants) Parker & Kissane Solicitors (Respondents) File Number(s): 2019/11223 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity – Expedition List Citation: [2018] NSWSC 1888 and [2019] NSWSC 571 Date of Decision: 14 December 2018 and 17 May 2019 Before: Sackar J File Number(s): 2017/55270

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]