Hallmark Construction Pty Ltd v Brett Harford; Copeland Building Services Pty Ltd v Hallmark Construction Pty Ltd; Hallmark Construction Pty Ltd v Harford Transport Pty Ltd (No 2) [2020] NSWCA 134

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hallmark Construction Pty Ltd v Brett Harford; Copeland Building Services Pty Ltd v Hallmark Construction Pty Ltd; Hallmark Construction Pty Ltd v Harford Transport Pty Ltd (No 2) [2020] NSWCA 134 Hearing dates: On the papers Decision date: 06 July 2020 Before: Basten JA; Meagher JA; Emmett AJA Decision: (1) Vary order (1) with respect to costs made by the Court on 17 March 2020 so that it reads: Order that – (a) Hallmark pay the costs of Brett Harford and Harford Transport Pty Ltd in this Court; and (b) Hallmark Construction Pty Ltd and Copeland Building Services Pty Ltd pay the costs of Certain Underwriters at Lloyds subscribing to Policy No CV004/226CGL and Berkley Insurance Company, such costs to be apportioned between the appellants equally. (2) Dismiss the notice of motion filed by Hallmark Construction Pty Ltd on 30 March 2020. (3) Order that Hallmark Construction Pty Ltd pay the costs of Copeland Building Services Pty Ltd of Hallmark's motion. Catchwords: PRACTICE AND PROCEDURE – costs – appeal – variation of costs order – variation by consent – appellant not liable to pay costs of respondents not joined by it PRACTICE AND PROCEDURE – costs – application to vary costs orders made at trial – orders failed to reflect apportionment of liability – orders not challenged on appeal – no power to vary after appeal determined – slip rule not available PRACTICE AND PROCEDURE – appeal – apportionment of indemnity – order at trial limited to apportionment of interest – no error alleged on appeal – no power to vary after appeal determined Legislation Cited: Workers Compensation Act 1987 (NSW), s 151Z Uniform Civil Procedure Rules 2005 (NSW) (UCPR), rr 36.15, 36.16 Cases Cited: Hallmark Construction Pty Ltd v Brett Harford [2020] NSWCA 41 James v Australia and New Zealand Banking Group Ltd [2020] NSWCA 101 Category: Costs Parties: 2019/146962: Hallmark Construction Pty Ltd (Appellant) Brett Harford (First Respondent) Copeland Building Services Pty Ltd (Second Respondent) Harford Transport Pty Ltd (Third Respondent) Certain Underwriters at Lloyds Subscribing to Policy Number CV004/226CGL (Fourth Respondent) Berkley Insurance Company (Fifth Respondent)