Lewis v Lewis (No 2)

In *Lewis v Lewis (No 2)*, the parties involved were Peter, the respondent, and the Administrator of the estate of the late Pamela Lewis. The dispute concerned an application for a supplementary order regarding costs following a successful defence of an appeal. The matter was heard in the Court of Appeal of New South Wales.

The primary legal issue before the court was whether to make a further order entitling the successful respondent's costs of the appeal to be paid out of the estate, with the administrator to be subrogated to the respondent's costs order. This was in addition to the costs orders already made by the trial judge, which had not been challenged on appeal.

The Court of Appeal reasoned that the proposed orders corresponded to the form of orders made by the trial judge, which had remained unchallenged. Applying this reasoning, the court ordered that Peter's costs of the appeal and cross-appeal be paid out of the estate of the late Pamela Lewis. The terms of this order stipulated that upon payment, the Administrator of the estate would be subrogated to Peter's entitlement under a previous order made on 6 August 2021. Furthermore, Peter's costs associated with a notice of motion filed on 20 August 2021 were to be included within his costs of the appeal.