Sydney City Council v Geftlick & Ors [2006] NSWCA 280

New South Wales Court of Appeal

CITATION: Sydney City Council v Geftlick & Ors [2006] NSWCA 280 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 22 August 2006

JUDGMENT DATE: 18 October 2006

JUDGMENT OF: Mason P at 1; Hodgson JA at 2; Tobias JA at 3

DECISION: (a) Leave to appeal granted upon condition that the claimant file its Notice of Grounds of Appeal within seven days of the date of this order; (b) Appeal allowed; (c) Set aside the orders made by his Honour Judge Hughes on 12 October 2005; (d) The first, second and third cross-claims be dismissed and that the fourth cross-claim be remitted to the District Court for further hearing of any outstanding issues thereunder; (e) The first opponent to pay the costs of the claimant and the second opponent up to and including 6 November 2004 such costs to be assessed on the ordinary basis; (f) The claimant to pay the costs of the third opponent with respect to the second cross-claim, such costs to be assessed on the ordinary basis; (g) The claimant to pay the costs of the first and second opponents of the action as and from 7 November 2004, such costs to be assessed on the ordinary basis; (h) Each of the claimant and the second and third opponents to pay its own costs of the first and third cross-claims; (i) Each of the second and third opponent to pay its own costs to date of the fourth cross-claim; (j) The first, second and third opponents to pay the claimant's costs of the summons for leave to appeal and the appeal but to have with respect to the latter a certificate under the Suitor's Fund Act 1951, if otherwise qualified

CATCHWORDS: PROCEDURE – COSTS – costs appeal – multiple claims and cross-claims arising from substantive proceedings – principles – scope of primary judge's discretion as to costs award – basis for order concerning indemnity costs – costs of appeal where represented by both senior and junior counsel