Nicholls v Hall and Ors (No 2) [2008] NSWCA 20

No case made out to alter the costs orders previously made; respondents' offer did not justify departure from normal costs rule given appellant's success on appeal and circumstances of negotiation.

Jurisdiction: Australia
Judgment Date: 06 March 2008
Procedural Posture: Appeal / Consequential Orders
Outcome: Case not made out to alter costs orders
Legal Topics: ['offer of Compromise' 'costs on Appeal' 'apportionment of Estate']

['family Provision' 'costs'] ['offer of Compromise' 'costs on Appeal' 'apportionment of Estate']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Consequential Orders

Legal Issues

1 ['Whether the costs orders previously made should be altered in light of the offer of compromise' 'Effect of offers of compromise on costs of appeal in family provision cases']

Ratio Decidendi

No case made out to alter the costs orders previously made; respondents' offer did not justify departure from normal costs rule given appellant's success on appeal and circumstances of negotiation.

Court Disposition

Case not made out to alter costs orders

Orders

['Costs orders in favour of appellant confirmed']