NSW Caselaw
WICKSTEAD and ORS v BROWNE [NO 2]
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
KIRBY P, MAHONEY and CLARKE JJA 8 July 1993, 8 July 1993
[1993] NSWCA 289
PRACTICE and PROCEDURE — Court of Appeal — alteration of cost orders following successful appeal to High Court — amendment of notice of motion — time for pleading — liberty to apply — held: Orders made.
PRACTICE and PROCEDURE — Court of Appeal — pleading of plaintiff's causes of action — successful appeal to High Court from Court of Appeal's orders — consequent application for procedural orders — held; Procedural orders made (a) adjourning motions; (b) amending motion; (c) extending time for filing; and (d) providing liberty to apply.
ORDERS
1. Stay the further taxation of the respondent's costs of the proceedings before Master Malpass and Grove J, and any execution in respect of such costs pending the final determination of the proceedings between the parties;
2. Stay the enforcement of all cost orders made in favour of the respondent Douglas John Browne in this Court pending the final determination of the proceedings between the parties;
3. Grant liberty to the claimant Martin Thomas Wickstead further to amend his amended notice of motion to this Court to add a paragraph in the following terms, namely:
"2A: That the respondent pay the appellant's costs of the appeal to the Court of Appeal in the proceedings before Master Malpass and Grove J."
4. Stand over the further consideration of the further amended notice of motion in this Court until after the conclusion of all matters between the parties in the Common Law Division of the Supreme Court or until any further or other order of the Court or of a Judge of Appeal;
5. Extend the time for compliance with O.5 of this Court made on 24 December 1992 until 4 pm on 23 July 1993;
6. Grant liberty to any party upon two days notice to the other to apply to a judge of the Common Law Division for any other orders which in the circumstances are appropriate; and
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