Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Belflora Pty Ltd v Vinflora Pty Ltd (No 2) [2021] NSWCA 205 Hearing dates: 2 June 2021 Decision date: 08 September 2021 Before: Bathurst CJ; Brereton JA; Emmett AJA Decision: The appellant pay the respondent's costs of the appeal. Catchwords: COSTS – party/party – general rule that costs follow the event Legislation Cited: Nil Cases Cited: Nil Texts Cited: Nil Category: Costs Parties: Belflora Pty Ltd (Appellant) Vinflora Pty Ltd (First Respondent) Vamsi Nagendra Babu Uppalapti (Second Respondent) Representation: Counsel: B Coles QC with D Allen (Appellant) A Moses QC with J Simpkins (Respondents) Solicitors: Russo & Partners Pty Ltd (Appellant) Frank Law (Respondents) File Number(s): 2020/306310 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Citation: [2020] NSWSC 1229 Date of Decision: 10 September 2020 Before: Sackar J File Number(s): 2019/383473 [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Judgment 1. THE COURT: Judgment in this appeal was handed down on 19 August 2021. A direction was made that the parties within seven days make submissions as to the appropriate order of the costs of the appeal. 2. This order was made because the respondent in its written submissions indicated an intention to seek a special costs order if successful. 3. However, the submissions now received from each party indicate that the appropriate order is that the appellant pay the respondent's costs of the appeal. In those circumstances, the Court orders the appellant pay the respondent's costs of the appeal. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 08 September 2021