Telfer v Telfer (No 3)

The appeal concerned final orders made by a primary judge following the joinder of the administrator of the estate of the late Lyall Telfer. The applicant sought leave to appeal against these costs orders.

The legal issues before the Court of Appeal were whether the primary judge erred in making the costs orders and whether the joinder of the administrator necessitated a different approach to the costs of the proceedings.

The Court of Appeal granted the applicant leave to appeal, limited to the costs orders. It allowed the appeal, directing that the administrator of the estate be formally named as the second respondent. The Court set aside two specific costs orders made by the primary judge and, in lieu, ordered that each party bear their own costs of the proceedings, with the exception of costs orders made prior to a specific date.

The Court further ordered that the first respondent pay 75 per cent of the appellant's costs of the appeal, excluding the costs of a motion to adduce further evidence. The first respondent was also granted a certificate under the Suitors' Fund Act 1951 (NSW), if qualified.