Florida Kitchens Pty Ltd v Number One Cutting Service Pty Ltd trading as Number One Marble and Granite (No 2) [2020] NSWCA 216

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Florida Kitchens Pty Ltd v Number One Cutting Service Pty Ltd trading as Number One Marble and Granite (No 2) [2020] NSWCA 216 Hearing dates: On the papers Decision date: 15 September 2020 Before: Leeming JA; McCallum JA. Decision: 1. Vacate the order made on 20 August 2020. 2. The amended summons seeking leave to appeal be dismissed. 3. Each of Florida Kitchens and Mr Andre Elias to pay one half of Number One's costs of the proceedings in this Court incurred from 7 May 2020 until and including 20 August 2020. 4. Florida Kitchens to pay the whole of Number One's costs of the proceedings in this Court prior to 7 May 2020. Catchwords: COSTS – application to vary costs order – distinct applications for leave to appeal against security for costs and third party costs order – application granted Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 Uniform Civil Procedure Rules 2005, rr 19.2, 36.16 Cases Cited: Florida Kitchens Pty Ltd v Number One Cutting Service Pty Ltd trading as Number One Marble and Granite [2020] NSWCA 187 Category: Costs Parties: Florida Kitchens Pty Ltd (First applicant) Andre Elias (Second applicant)

Number One Cutting Service Pty Ltd trading as Number One Marble and Granite (Respondent) Representation: Counsel: S Bell (Respondent)

Solicitors: Georges Elias, Cadmus Lawyers (Applicants) David Simons, SR Law (Respondent) File Number(s): 2019/391421 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2019] NSWSC 1568; [2020] NSWSC 216 Date of Decision: 15 November 2019; 13 March 2020 Before: N Adams J File Number(s): 2018/391926