Salmon v Osmond  NSWCA 42 was handed down yesterday by the NSW Court of Appeal.
It was an appeal against a decision awarding an adult child applicant the sum of $200,000 by way of further provision from her father’s estate. The Court of Appeal reduced the award to $50,000 and ordered that she bear her own costs of the trial, and that she pay 90% of the estate’s costs of the appeal.
Of course, the quantum of the costs orders would far outweigh the $50,000 she received.
Interestingly, there was a cross appeal on the question of costs of another applicant, who had been unsuccessful at first instance. The trial Judge had refused to make an order that the unsuccessful applicant pay the estate’s costs, despite an offer that had been made (by the respondents) early on that the applicant discontinue her action and each party bear their own costs. The Court of Appeal found that the trial judge erred and ordered that the unsuccessful applicant pay the estate’s costs on the indemnity basis, and further that she pay the other 10% of the estate’s appeal costs.