Lambourne v Baker (No 3) [2022] NSWCA 25

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lambourne v Baker (No 3) [2022] NSWCA 25 Hearing dates: On the papers Date of orders: 2 March 2022 Decision date: 02 March 2022 Before: Basten JA; Gleeson JA; Emmett AJA Decision: (1) Upon the first respondent paying into Court the judgment debt created by order (2) made on 24 September 2021, payment of that amount to the third appellant is stayed pending determination, by assessment or agreement, of the costs payable by the appellants pursuant to order 3A(1) entered on 19 November 2021. (2) The amount to be paid to the third appellant will be the balance, if any, after setting off the costs determined to be payable by the appellants to the respondents. (3) Order 4 made on 19 November 2021 (otherwise dismissing the notice of motion) is varied to the extent necessary to permit the making of the above orders. Catchwords: JUDGMENT AND ORDERS – costs – costs payable by party entitled to judgment debt – joint and several liability for costs – entitlement to set-off – stay of payment of judgment debt pending assessment of costs – payment into court CIVIL PROCEDURE – slip rule – failure to address issue raised by a notice of motion – no time limit on exercise of power – application of Uniform Civil Procedure Rules 2005 (NSW), r 36.17 Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 36.17 Cases Cited: Lambourne v Baker [2021] NSWCA 229 Lambourne v Baker (No 2) [2021] NSWCA 282 Newmont Yandal Operations Pty Limited v The J. Aron Corporation & The Goldman Sachs Group (2007) 70 NSWLR 411; [2007] NSWCA 195 Category: Procedural rulings Parties: Marc Alan Lambourne (First Appellant) Glenn Craig Pollett (Second Appellant) The Punters Show Pty Limited ACN 147 950 016 (Third Appellant)