NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wormald v Maradaca Pty Ltd [2021] NSWCA 307 Hearing dates: On the papers Date of orders: 13 December 2021 Decision date: 13 December 2021 Before: Bathurst CJ; Bell P; Payne JA Decision: Notice of motion dismissed with costs Catchwords: COSTS – application for gross sum costs order – where gross sum costs order was not sought by the applicants when an earlier application to vary the original costs orders was sought and made – application refused Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 Federal Court Rules 1979 (Cth) Uniform Civil Procedure Rules 2005 (NSW) r 36.16(3A) Cases Cited: Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 Eliezer v The Council of St Andrews Cathedral School (No 2) [2021] NSWCA 227 Livers v Legal Services Commissioner (No 2) [2021] NSWCA 164 Riva NSW Pty Ltd v Mark A Fraser and Christopher P Clancy trading as Fraser Clancy Lawyers (No 4) [2018] NSWCA 327 Short v Crawley (No 45) [2013] NSWSC 1541 Category: Costs Parties: Shaun Edmund Wormald (First Appellant) Wirra Wirra Investments Pty Ltd as trustee for the Wormald Trust (Second Appellant) John Leonard Barrett (First Cross-Appellant) Steven Moran (Second Cross-Appellant) Maradaca Pty Ltd (First Respondent) ELB Pty Ltd (Second Respondent) Representation: Counsel:
A d'Arville and B Yin (First and Second Respondents)
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