New South Wales Court of Appeal CITATION : Whisprun Pty Ltd v Sams & Ors [2002] NSWCA 400 FILE NUMBER(S) : CA 40226/02; 40227/02; 40536/02 HEARING DATE(S) : 14 November 2002 JUDGMENT DATE : 11 December 2002 Whisprun Pty Ltd PARTIES : Scott Sams Darryl Keith Wetzler Michael Deverell JUDGMENT OF : Beazley JA at 1; Heydon JA at 1; Sperling J at 1 LOWER COURT JURISDICTION : District Court LOWER COURT 9221/01 FILE NUMBER(S) : 9756/01 9714/01 LOWER COURT Puckeridge DCJ JUDICIAL OFFICER : COUNSEL : Mr C R R Hoeben SC for the Claimant Mr C G Gee QC with Mr R W C Royle for the Respondents SOLICITORS : Hicksons for the Claimant Abbott Pardy & Jenkins Solicitors for the Respondents CATCHWORDS : Costs - no question of principle DECISION : In each appeal, the appellant pay the respondent's costs of the appeal. - 1 -IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40226/02 DC 9221/01 CA 40227/02 DC 9756/01 CA 40536/02 DC 9714/01 Beazley JA Heydon JA Sperling J Wednesday, 11 December 2002 Whisprun Pty Ltd v Sams Whisprun Pty Ltd v Wetzler Whisprun Pty Ltd v Deverell Judgment 1 The Court: On 10 December 2002 the court made orders in these appeals. The court further orders in each appeal that the appellant pay the respondent's costs of the appeal. -o0o- DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.