Telfer v Telfer (No 2)

In *Telfer v Telfer (No 2)*, the applicant sought to amend a summons for leave to appeal to substitute the administrator of the estate of the late Lyall Telfer as the second respondent, replacing the NSW Trustee and Guardian. The dispute concerned an appeal against costs orders made in interlocutory proceedings. The court was required to determine whether the administrator should be joined as a party to the appeal and whether the appellant should be indemnified from the assets of the estate for the costs awarded against them.

The court considered the joinder of the administrator to the appeal, noting that the estate was directly affected by the costs orders. The primary legal issue was whether there was a basis for indemnifying the appellant from the assets of the estate in respect of the costs orders made in the proceedings below. The court reasoned that the appeal against the costs orders should be allowed, but this allowance was to be without prejudice to any costs orders made in the interlocutory proceedings themselves.

The court ordered that the applicant be granted leave to amend the summons for leave to appeal to substitute Kenneth John Fairfax, in his capacity as administrator of the Estate of the late Lyall Telfer, as the second respondent. The applicant was also directed to file and serve an amended summons for leave to appeal on each of the respondents. The applicant's notice of motion filed on 4 July 2014 was otherwise dismissed, and no order was made as to the costs of that motion.