Nobarani v Mariconte

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, NETTLE, GORDON AND EDELMAN JJHOMAYOUN NOBARANI  APPELLANTANDTERESA ANNE MARICONTE  RESPONDENTNobarani v Mariconte[2018] HCA 3615 August 2018S270/2017ORDER1.Appeal allowed.2.Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 5 June 2017 and, in their place, order that:(a)the appeal to the Court of Appeal of the Supreme Court of New South Wales be allowed;(b)the orders of the Supreme Court of New South Wales made on 22 May 2015 (Slattery J) and 28 May 2015 (Senior Deputy Registrar Studdert) be set aside and, in their place, order that the plaintiff pay the second defendant's costs of the trial;(c)the proceedings be remitted to the Equity Division of the Supreme Court of New South Wales for a new trial; and(d)the respondent pay the appellant's costs.3.The respondent pay the appellant's costs of the appeal to this Court.4.The respondent have liberty to apply within 14 days for an order that the costs referred to in orders 2(b), 2(d) and 3 be paid out of the estate of the deceased and on a trustee basis. On appeal from the Supreme Court of New South WalesRepresentationM J Windsor SC with J E F Brown and M E Hall for the appellant (instructed by Remedy Legal) G O'L Reynolds SC with A E Maroya and D F Elliott for the respondent (instructed by Vizzone Ruggero Twigg Lawyers) Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth...