Carolyn Deigan as executrix for the estate of the late James Boyd Lockrey v Barnard James Fussell (No. 2) [2020] NSWCA 60 (08 April 2020) (Bathurst CJ at [1], Macfarlan JA at [2], White JA at [3])


Catchwords:


COSTS ? Appeals ? whether Court should make order as to costs of the proceedings below where no order was made by the primary judge ? where on appeal the Court was not informed of the reason for not making an order as to costs at the time of the principal judgment ? cost should follow the event ? no issue of principle