Gray v Gray [2005] NSWCA 129

New South Wales Court of Appeal

CITATION: Gray v Gray [2005] NSWCA 129

HEARING DATE(S): Considered in chambers on the papers.

JUDGMENT DATE: 22 April 2005

JUDGMENT OF: Sheller JA at 1; Bryson JA at 2; Young CJ in Eq at 3

DECISION: Final orders including orders for costs pronounced.

CATCHWORDS: Costs- Indemnity costs- Late notification preventing submitting appearance being filed- Whether ground for indemnity costs- Interest on costs in equity appeal- Ordinarily interest runs from date of assessment of costs- Whether probabilities that assessment will be delayed is reason for ordering interest to run earlier- Held it was.

Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 FAI General Insurance Ltd v Burns (1996) ANZ Insurance cases 61-384 Gray v Guardian Trust Australia [2003] NSWSC 704 CASES CITED: Gray v Guardian Trust Australia [2003] NSWSC 887 Minister Administering the Environmental Planning and Assessment Act 1979 v Carson (1994) 35 NSWLR 342 New Cap Reinsurance Corporation Ltd v General Cologne Re Australia Ltd (No 2) [2005] NSWSC 276 Roads and Traffic Authority v Cremona (No 3) [2005] NSWCA 13

Robert John Charles Gray (Appellant) Rollo Ventry Wakefield Gray (1st Respondent) PARTIES: Guardian Trust Australia Ltd (2nd Respondent)

FILE NUMBER(S): CA 40074/03

COUNSEL: Considered in chambers on the papers.

Turner Freeman Lawyers (Appellant) SOLICITORS: Teece Hodgson & Ward (1st Respsondent) Mallesons Stephen Jaques (2nd Respondent)

LOWER COURT JURISDICTION: Supreme Court - Equity Division

LOWER COURT FILE NUMBER(S): 114938/99