Wellington v Hutchison [2024] NSWCA 54

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wellington v Hutchison [2024] NSWCA 54 Hearing dates: 12 March 2024 Date of orders: 12 March 2024 Decision date: 12 March 2024 Before: Ward P; Simpson AJA Decision: 1. Extend the time for the filing of the summons for leave to appeal to the date on which it was filed. 2. Dismiss with costs the summons for leave to appeal. Catchwords: APPEALS – Leave to appeal against costs order – Where proceeding had led to a mixed result – Where two alleged Calderbank offers had been made by applicant – Where applicant asserted that the practical outcome of the proceeding aligned with the compromise proposed in the Calderbank offers – Whether the reluctance to grant leave in relation to orders as to costs only should be overcome by the alleged serious risk of injustice – Whether House v The King error not to grant indemnity costs Legislation Cited: Corporations Act 2001 (Cth), ss 181, 236 Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules, r 51.10(2) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 CJZ Pty Ltd v Giant Dwarf Pty Ltd; CJZ Pty Ltd v Morrow [2023] NSWCA 135 Dalma Formwork (Australia) Pty Limited v Maricic (No. 3) [2008] NSWCA 209 Fordham v Fordyce [2007] NSWCA 129 Gibson v Drumm [2016] NSWCA 206 House v The King (1936) 55 CLR 499 In the matter of Carbon Copies Composites Pty Ltd [2022] NSWSC 1762 In the matter of Carbon Copies Composites Pty Ltd [2023] NSWSC 1039 In the matter of Carbon Copies Composites Pty Ltd [2023] NSWSC 911 Category: Procedural rulings Parties: Vaughan Stanley Wellington (in his capacity as Director of Carbon Copies Composites Pty Ltd ACN 630 633 126) (Applicant) Colin James Hutchison (Respondent) Representation: Counsel: