Gillard v Hunter Wire Products Pty Ltd t/as Hunter Screen Products (No.2) [2001] NSWCA 450

New South Wales Court of Appeal

CITATION : Gillard v Hunter Wire Products Pty Ltd t/as Hunter Screen Products (No.2) [2001] NSWCA 450 FILE NUMBER(S) : CA 40935/99 HEARING DATE(S) : 6 September 2001 1 & 8 November 2001 JUDGMENT DATE : 6 December 2001

PARTIES : Bradley James Gillard Hunter Wire Products Pty Ltd t/as Hunter Screen Products JUDGMENT OF : Priestley JA at 1; Sperling J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT 43/98 FILE NUMBER(S) : LOWER COURT Delaney DCJ JUDICIAL OFFICER :

COUNSEL : I M Wales SC with M Condon for the Appellant A Hewitt SC with A Hourigan for the Respondent SOLICITORS : Walsh & Blair for the Appellant Rankin & Nathan for the Respondent CATCHWORDS : Leave to appeal - meaning of "at issue" in District Court Act 1973, s127(2)(c) - costs of unnecessary application for leave to appeal LEGISLATION CITED : District Court Act 1973, s127 CASES CITED: Carolan v AMF Bowling Pty Ltd (NSWCA, 16 November 1995, unreported) DECISION : (1) The appellant is to pay the respondent's costs of the application for leave to appeal, except for the costs of and incidental to the interlocutory hearing on 23 October 2000, such exempted costs to include the costs of the respondent's solicitor attending court on that date, the costs of briefing counsel on the application and counsel's fee on the hearing of the application; (2) The court makes no order for the costs incurred by either party exclusively in relation to the application for the costs of the application for leave to appeal, thus leaving each party to bear his and its own such costs.