NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: John Anthony Arena Pty Ltd v Franpina Developments Pty Ltd [2022] NSWCA 139 Hearing dates: 2 August 2022 Date of orders: 5 August 2022 Decision date: 05 August 2022 Before: Macfarlan JA Kirk JA Decision: Application for leave to appeal dismissed with costs. Catchwords: COSTS — Application for leave to appeal from costs order — Proceedings dismissed by consent — Costs awarded against defendants — Whether defendants capitulated to plaintiff — No issue of principle or question of general public importance Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(1) Contracts Review Act 1980 (NSW) Supreme Court Act 1970 (NSW), s 101(2) Uniform Civil Procedure Rules, r 42.1 Cases Cited: Dalma Formwork (Australia) Pty Ltd v Maricic (No 3) [2008] NSWCA 29 Edwards Madigan Torzillo Briggs Pty Ltd v Gloria Stack [2003] NSWCA 302 Hillsea Pty Ltd v Joseph [2020] NSWCA 55 House v The King (1936) 55 CLR 499; [1936] HCA 40 Jaycar Pty Limited v Lombardo [2011] NSWCA 284 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Shellharbour City Council v Minister for Local Government [2017] NSWCA 256 Category: Procedural rulings Parties: John Anthony Arena Pty Ltd (First Applicant) Dr John Anthony Arena (Second Applicant)
Franpina Developments Pty Ltd (Respondent) Representation: Advocates:
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