Mills v Walsh (Costs) [2023] NSWCA 97

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mills v Walsh (Costs) [2023] NSWCA 97 Hearing dates: On the papers; written submissions closed 9 February 2023 Date of orders: 16 May 2023 Decision date: 16 May 2023 Before: Bell CJ at [1]; White JA at [2]; Brereton JA at [19] Decision: (1) Vary order (2) made on 8 December 2022 to read as follows: "(2) Order that the appellant and the second respondent pay the first respondent's costs of the appeal up to and including 6 September 2022 and that the appellant pay the first respondent's costs of the appeal thereafter." Catchwords: COSTS – Party/Party – Proceedings discontinued or dismissed – Court's discretion – Proceedings discontinued by one appellant – Where discontinuing appellant by her conduct ratified conduct of solicitors in filing an appeal in her name – Whether fair and reasonable to otherwise order discontinuing appellant not jointly and severally liable for costs up to date of discontinuance – No basis to displace usual order as to costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), rr 42.19, 51.56 Cases Cited: Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Fordyce v Fordham (2006) 67 NSWLR 497; [2006] NSWCA 274 Category: Costs Parties: David Mills (Appellant) Haiden Walsh (First Respondent) Crystal Zhang (Second Respondent) Representation: Counsel:

H Woods (Appellant) N Kabilafkas (Second Respondent)