Telfer v Telfer (No 2) [2014] NSWCA 250

Telfer v Telfer (No 2) [2014] NSWCA 250

Joinder of the administrator as second respondent was appropriate and uncontested; no basis established to further extend the stay of administration of estate as applicant could not demonstrate entitlement; correction to date of primary judge's orders not required; costs orders set aside only to the extent specified and not affecting interlocutory costs prior to 13 August 2012.

Jurisdiction
Australia
Judgment Date
31 July 2014
Procedural Posture
Appeal Motion / Ruling on Procedural Motion Prior to Finalisation of Appeal Orders
Outcome
Motion granted in part, otherwise dismissed. Anticipated orders to allow appeal on costs, set aside certain costs orders (preserving interlocutory costs), and apportion costs of the appeal.
Legal Topics
['joinder of Parties to Appeal' 'costs Orders' 'administration of Estate' 'leave to Appeal']
['practice and Procedure' 'costs'] ['joinder of Parties to Appeal' 'costs Orders' 'administration of Estate' 'leave to Appeal']

Case Brief

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Procedural Posture

Appeal Motion / Ruling on Procedural Motion Prior to Finalisation of Appeal Orders

Legal Issues

  1. 1 ['Whether the administrator of the estate should be joined as second respondent' 'Whether to extend stay of administration of the estate' 'Whether original orders of the primary judge regarding costs should be set aside or amended']

Ratio Decidendi

Joinder of the administrator as second respondent was appropriate and uncontested; no basis established to further extend the stay of administration of estate as applicant could not demonstrate entitlement; correction to date of primary judge's orders not required; costs orders set aside only to the extent specified and not affecting interlocutory costs prior to 13 August 2012.

Court Disposition

Motion granted in part, otherwise dismissed. Anticipated orders to allow appeal on costs, set aside certain costs orders (preserving interlocutory costs), and apportion costs of the appeal.

Orders

  • ['The applicant be granted leave to amend the summons for leave to appeal to substitute Kenneth John Fairfax, in his capacity as administrator of the Estate of the late Lyall Telfer, as second respondent in place of the NSW Trustee and Guardian.' 'Direct the applicant to file and serve on each of the respondents an...