Lambourne v Baker (No 2) [2021] NSWCA 282

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lambourne v Baker (No 2) [2021] NSWCA 282 Hearing dates: On the papers Date of orders: 19 November 2021 Decision date: 19 November 2021 Before: Basten JA; Gleeson JA; Emmett AJA Decision: (1) In addition to the orders made on 24 September 2021, order: 1A Set aside the orders made in the Equity Division on 13 December 2019. (2) Vary the two orders numbered 3 made on 24 September 2021 so that they read: 3 The appellants' further amended notice of motion filed on 23 June 2021 be dismissed. 3A There be no order as to costs in respect of the appeal and the proceedings below. (3) Set aside order 3A made on 24 September 2021 and in place thereof make the following orders: 3A (1) Order that the appellants pay 65% of the respondents' costs of the appeal; (2) Remit the question of costs of the proceedings in the Equity Division to the Equity Division. (4) Otherwise dismiss the notice of motion dated 8 October 2021. Catchwords: COSTS – variation of order – apportionment where appellant partly successful on appeal – interest on costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 101 Cases Cited: Drummond & Rosen Pty Ltd v Easey (No 2) [2009] NSWCA 331 Lambourne v Baker [2021] NSWCA 229 Category: Costs Parties: Marc Alan Lambourne (First Appellant) Glenn Craig Pollett (Second Appellant) The Punters Show Pty Limited ACN 147 950 016 (Third Appellant) Dallas Matthew Baker (First Respondent) Todd Cameron Buckingham (Second Respondent) Betmakers Technology Group Limited ACN 164 521 395 (formerly TopBetta Holdings Limited) (Third Respondent) 12Follow Pty Limited ACN 136 345 536 (Fourth Respondent) Operis Momentus Pty Limited ACN 153 419 115 (Fifth Respondent) Representation: Counsel: First Appellant (self-represented and with leave of the Court, on behalf of the Second and Third Appellants) P Silver (Respondents)