Chapman v Dickinson (No 3) [2021] NSWDC 63

District Court New South Wales

Medium Neutral Citation: Chapman v Dickinson (No 3) [2021] NSWDC 63 Hearing dates: 19 February 2021 Date of orders: 23 February 2021 Decision date: 23 February 2021 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) The defendants pay the plaintiff's costs of the proceedings, such costs to include the costs of the applications determined today and 50% of the costs of and incidental to the applications determined 29 May 2020. (2) The judgment be stayed pending determination of the appeal on terms that: (a) 15% of the judgment sum be paid by the defendants to the plaintiff but only if the plaintiff's solicitors undertake inter partes to repay, in the event of a successful appeal, any moneys received from this part of the judgment on account of their costs to date; and (b) the appeal be prosecuted by the defendants with all reasonable expedition. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Party seeking indulgence or dispensation of the court CIVIL PROCEDURE — Stay of proceedings — Pending appeal Legislation Cited: Civil Procedure Act 2005, s 135 District Court Act 1973, s 4, s 156 Uniform Civil Procedure Rules 2005, r 14.18, r 42.1, r 42.7 Cases Cited: Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685 Andrews v John Fairfax & Sons Ltd [1979] 2 NSWLR 184 Chapman v Dickinson [2020] NSWDC 269 Chapman v Dickinson (No 2) [2020] NSWDC 847 Chen v Lym International Pty Ltd [2009] NSWCA 121 McBride v Sandland (No 2) (1918) 25 CLR 369 TCN Channel 9 v Antoniadis (No 2) (1999) 48 NSWLR 381; [1999] NSWCA 104 Tomlinson v Ramsey Food Processing [2015] HCA 28 Trad v Harbour Radio Pty Ltd [2010] NSWCA 41 Windsurfing International Inc v Petit (1987) AIPC 90-441 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Principal judgment Parties: Christopher Chapman (plaintiff) Justin Dickinson (first defendant) Annette Patrick trading as White Heavy Haulage (second defendant) Representation: Counsel: Mr R Goodridge (plaintiff) Mr A J Parker (defendants)