Harrison & Anor v Schipp [2002] NSWCA 213

Reported Decision : (2002) 54 NSWLR 738

New South Wales Court of Appeal

CITATION : Harrison & Anor v Schipp [2002] NSWCA 213 FILE NUMBER(S) : CA 40728/98 HEARING DATE(S) : 21 & 24 June 2002 JUDGMENT DATE : 3 July 2002

PARTIES : D J Schipp - Claimant G A Harrison - Opponent JUDGMENT OF : Giles JA

COUNSEL : M J Slattery QC & J M Hennesy - Claimant G Lucarelli - Opponent SOLICITORS : Dibbs Barker Gosling - Claimant Blake Dawson Waldron - Opponent CATCHWORDS : COSTS - order for costs of appeal - beneficiary of order seeks further order for payment of a fixed sum for counsels' fees instead of assessed costs - discussion of power to make further order - whether power should be exercised. D. Beach Petroleum NL v Johnson (1995) 57 FCR 119; Hadid v Lenfest Communications Inc [2000] FCA 628; CASES CITED: Leary v Leary (1987) 1 WLR 72; Sparnon v Apand Pty Ltd (von Doussa J, 4 March 1998, unreported); Union des Assurances de Paris IARD v Petersen (3 March 1998, Master Malpass, unreported); Wentworth v Wentworth (CA, 21 February 1996, Clarke JA, unreported). DECISION : (1) In respect of the costs payable pursuant to order 5 of the orders made on 20 February 2001 the first appellant pay to the respondent $63,998 for counsel's fees instead of the assessed costs for counsels' fees. (2) That the first appellant pay the respondent's costs of the notice of motion filed on 10 May 2002.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40728/98

GILES JA

Wednesday 3 July 2002 HARRISON & ANOR v SCHIPP Judgment 1 GILES JA: This is an application for orders for payment of a fixed sum in respect of costs previously ordered to be paid and issue of a "certificate of taxation" in that sum. For the reasons which follow, in my opinion the order for payment of a fixed sum should be made, but not the order for the issue of a "certificate of taxation".