GLANDON PTY LTD v STRATA CONSOLIDATED PTY LTD [1988] NSWCA 51

GLANDON PTY LTD v STRATA CONSOLIDATED PTY LTD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

Hope, SAMUELS and MCHuGH JJA 11 November 1988

[1988] NSWCA 51

Hope, Samuels and McHugh JJA The Court has before it an appeal by leave from an interlocutory order of Kearney J refusing interim injunctions sought by the appellant. The matter has been settled subject to the question of costs. The settlement involves the making of orders by consent but the terms of settlement are made without admissions.

As regards costs, counsel for the respondents is satisfied to have an order that costs be costs in the proceedings which will take place in the Equity Division. For the appellant it is submitted that it has substantially Succeeded in the proceedings by reason of the settlement and that it should have an order for costs including the costs of the application for leave to appeal.

Having regard to the circumstances, including the circumstance that the proceedings are settled without admissions and that the substantive issues are to be determined by the Equity Division, the Court is of the opinion that the proper the application for leave to appeal, should be costs of the proceedings in the Equity Division, and the Court so orders.

On the appellant by its counsel giving to the Court the undertakings noted in pars | and 3 of the Short Minutes, the Court by consent makes the orders referred to in pars 1, 2, 4 and 5 of the short minutes and notes the terms of par 3.