United Resource Management Pty Ltd v Par Recycling Services Pty Ltd (No 2) [2024] NSWCA 29

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: United Resource Management Pty Ltd v Par Recycling Services Pty Ltd (No 2) [2024] NSWCA 29 Hearing dates: On the papers Date of orders: 15 February 2024 Decision date: 15 February 2024 Before: Ward P; Meagher JA; Gleeson JA Decision: (1) Make no order as to the costs of the proceedings at first instance with the intent that the parties pay their own costs of those proceedings. (2) Order that the respondent (Par) pay 50% of the appellants' (URM, URME and Mr Johnston) costs of the appeal (as distinct from the cross-appeal) and make no order as to the costs of the cross-appeal. Catchwords: APPEALS – costs – consequential orders – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: James v Surf Road Nominees Pty Limited (No 2) [2005] NSWCA 296 Category: Consequential orders Parties: United Resource Management Pty Ltd (First appellant) Anthony Charles Johnston (Second appellant) URM Environmental Services Pty Ltd (Third appellant) Par Recycling Services Pty Ltd (Respondent) Representation: Counsel: J Giles SC and J McLeod (Appellants) C Birch SC and J Gooley (Respondent)

Solicitors: Harris & Harris Solicitors (Appellants) RHR Legal (Respondent) File Number(s): 2022/336144 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Citation: [2022] NSWSC 1269 Date of Decision: 20 September 2022 Before: Schmidt AJ File Number(s): 2019/256104