Noyce v Jeromel (No 2)

In *Noyce v Jeromel (No 2)*, the dispute concerned the costs of a separate issue determined in favour of the applicant, Danuta, and the costs of an appeal. The Court was required to determine whether the general rule that costs follow the event should apply to the separate issue and the appeal, and whether those costs should be paid personally by the second respondent or out of the estate.

The Court applied the general principle that costs follow the event, finding no reason to depart from this rule in relation to the determination of the separate issue or the appeal. The Court reasoned that the second respondent's personal conduct warranted ordering that the costs be paid personally, rather than out of the estate. The Master's prior order reserving the costs of an application to extend time was also not disturbed.

The Court ordered that the second respondent pay the applicant's costs of the hearing and determination of the separate issue. Further, the second respondent was ordered to pay the respondent's costs of the appeal.