Q (a pseudonym) v E Co (a pseudonym) (No 2)

The Court of Appeal of New South Wales considered an application for variation of its reasons and proposed orders in the matter of Q (a pseudonym) v E Co (a pseudonym) (No 2). The dispute concerned a proprietary estoppel claim, and the appeal against the primary judge's decision had been dismissed. However, the appellant, Q, had died after the delivery of the appeal judgment but before the making of final orders. The proposed relief in the original judgment was predicated on Q's expected remaining lifetime.

The central legal issues before the court were whether to reopen the appeal in light of the appellant's death and, consequently, whether to vary the proposed relief. The court also considered the implications of the appellant's death for the final orders to be made, particularly in relation to the proprietary estoppel claim that had been upheld.

The court reasoned that the death of the appellant constituted a significant change in circumstances that warranted consideration of the proposed relief. While the appeal itself had been dismissed, the court retained a discretion to vary its orders to reflect the new factual reality. The court acknowledged that the original relief was based on assumptions about the appellant's lifespan, which were no longer valid. The court also noted that the parties had agreed to a gross sum costs order under section 98(4) of the *Civil Procedure Act 2005* (NSW).

The court did not make final orders at that time but instead directed that if either party wished to take issue with the proposed orders or seek further orders, they should lodge written submissions not exceeding five pages with the Associate to Meagher JA within seven days.