KINDY 4 KIDS (AUSTRALIA) PTY LTD and ANOR v REDGLOVE HOLDINGS PTY LTD and ORS [1995] NSWCA 239

KINDY 4 KIDS (AUSTRALIA) PTY LTD and ANOR v REDGLOVE HOLDINGS PTY LTD and ORS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE and COLE JJA and GILES AJA 28 July 1995, 28 July 1995 [1995] NSWCA 239

PROPERTY STOCK AND BUSINESS AGENTS ACT 1941 — APPEAL — STATUTORY CONSTRUCTION — 'BUSINESS'- ORDINARY COMMERCIAL MEANING — APPEAL DISMISSED

Clarke JA On 5 December 1994 Brownie J gave judgment in a dispute between the present appellants and the respondents and at the end of his judgment directed the plaintiffs, that is the present respondents, to bring in short minutes giving effect to his Honour's reasons and expressed a tentative view on the question of costs. The short minutes were no doubt brought in and on 24 April 1995 there was entered in the court the following order:

"(1) The proceeds of the account held with Citibank Ltd in account number 350285953 in the name of Mark Gallego and the third defendant be released to Mark Gallego as solicitor for the plaintiffs forthwith.

(2) The parties do all acts necessary to release to Mark Gallego as solicitor for the plaintiffs the proceeds of the account held at Citibank Ltd in account number 350285953 in the name of Mark Gallego and the third defendant.

(3) The first and third defendants (that is the two appellants) pay the first and third plaintiffs' costs up until 13 October 1994 on a party/party basis and after 13 October 1994 on an indemnity basis."

The appellants appealed against those orders but during the hearing of the appeal advanced only one argument in opposition to the making of the substantive order below. The appellants, or at least the second appellant, wishes or may wish to contest the order for costs but that issue has been deferred for the moment in order that the court can deal with the substantive ground on the appeal.