Carolyn Deigan as executrix for the estate of the late James Boyd Lockrey v Barnard James Fussell (No. 2) [2020] NSWCA 60

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Carolyn Deigan as executrix for the estate of the late James Boyd Lockrey v Barnard James Fussell (No. 2) [2020] NSWCA 60 Hearing dates: On the papers Decision date: 08 April 2020 Before: Bathurst CJ at [1] Macfarlan JA at [2] White JA at [3] Decision: Order that the respondent pay the costs of the proceedings below and the costs of the appellant's notice of motion filed on 18 December 2019. Catchwords: COSTS — Appeals — whether Court should make order as to costs of the proceedings below where no order was made by the primary judge – where on appeal the Court was not informed of the reason for not making an order as to costs at the time of the principal judgment – cost should follow the event – no issue of principle Cases Cited: Autodesk Inc v Dyason [No. 2] (1993) 176 CLR 300 Deigan v Fussell [2019] NSWCA 299 Category: Principal judgment Parties: Carolyn Deigan (as executrix for the estate of the late James Boyd Lockrey) (Appellant) Bernard James Fussell (Respondent) Representation: Counsel: D L Cook SC (Appellant) D K L Raphael (Respondent)

Solicitors: CLS Legal (Appellant) Etienne Legal (Respondent) File Number(s): 2018/302102

[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.]