Berry v Nicholls [2016] NSWCA 272

Berry v Nicholls [2016] NSWCA 272

No error of principle established in the primary judge's decision; appellant failed to demonstrate House v The King error; costs decision within discretion; claims were not confined solely to accommodation provision; amounts in issue small and do not warrant appeal.

Jurisdiction
Australia
Judgment Date
20 September 2016
Procedural Posture
Application for Leave to Appeal / Appellate Determination of Summons for Leave to Appeal
Outcome
Summons for leave to appeal dismissed
Legal Topics
['family Provision' 'appeal on Provision Out of Estate' 'costs Orders']
['succession Law' 'civil Procedure'] ['family Provision' 'appeal on Provision Out of Estate' 'costs Orders']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Appellate Determination of Summons for Leave to Appeal

Legal Issues

  1. 1 ['Whether primary judge erred in the adequacy of provision under will for respondents' 'Whether adequate reasons for decision were given' 'Whether costs order should have been made on an indemnity basis']

Ratio Decidendi

No error of principle established in the primary judge's decision; appellant failed to demonstrate House v The King error; costs decision within discretion; claims were not confined solely to accommodation provision; amounts in issue small and do not warrant appeal.

Court Disposition

Summons for leave to appeal dismissed

Orders

  • ['Summons for leave to appeal dismissed' 'Costs of the applicant on the summons for leave to appeal be paid out of the estate on an indemnity basis' 'Costs of each respondent be paid out of the estate on the ordinary basis']