Telfer v Telfer (No 3) [2014] NSWCA 251

Telfer v Telfer (No 3) [2014] NSWCA 251

The Court had previously indicated proposed orders subject to the applicant taking steps to join the administrator of the estate; orders for joinder having been made, the appeal was disposed of by granting leave limited to the costs orders, allowing the appeal, substituting the administrator as second respondent, setting aside the primary Judge's Orders 5 and 6, and making replacement costs orders.

Jurisdiction
Australia
Judgment Date
31 July 2014
Procedural Posture
Application for Leave to Appeal and Appeal Limited to Costs Orders / Consequential Orders Following Joinder of the Administrator of the Estate
Outcome
Leave to appeal granted limited to costs orders; appeal allowed.
Legal Topics
['final Orders Following Joinder of Administrator' 'leave to Appeal Limited to Costs Orders' 'costs of Proceedings and Appeal']
['practice and Procedure' 'costs'] ['final Orders Following Joinder of Administrator' 'leave to Appeal Limited to Costs Orders' 'costs of Proceedings and Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Appeal Limited to Costs Orders / Consequential Orders Following Joinder of the Administrator of the Estate

Legal Issues

  1. 1 ['Whether final orders should be made to dispose of the appeal following joinder of the administrator of the estate.' 'Whether leave to appeal should be granted limited to the costs orders made by the primary Judge on 14 June 2013.']

Ratio Decidendi

The Court had previously indicated proposed orders subject to the applicant taking steps to join the administrator of the estate; orders for joinder having been made, the appeal was disposed of by granting leave limited to the costs orders, allowing the appeal, substituting the administrator as second respondent, setting aside the primary Judge's Orders 5 and 6, and making replacement costs orders.

Court Disposition

Leave to appeal granted limited to costs orders; appeal allowed.

Orders

  • ['Grant the applicant leave to appeal limited to the costs orders made by the primary Judge on 14 June 2013.' 'Allow the appeal.' 'Direct the applicant to file an amended notice of appeal naming Kenneth John Fairfax, in his capacity as administrator of the estate of the late Lyall Telfer, as the second respondent in...