Fordyce v Fordham & Anor [2006] NSWCA 274

Reported Decision : 67 NSWLR 497

New South Wales Court of Appeal

CITATION: Fordyce v Fordham & Anor [2006] NSWCA 274 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 30 August 2006

JUDGMENT DATE: 5 October 2006

JUDGMENT OF: Beazley JA at 1; Santow JA at 2; McColl JA at 4

DECISION: 1.Grant leave to appeal. 2.Claimant to file a Notice of Appeal in the form of the draft Notice in the White Book within seven days of judgment. 3.Appeal allowed. 4.Set aside the orders made by Justice Nicholas on 22 December 2005 and in lieu thereof order each party to pay their own costs of Supreme Court proceedings No 4290 of 2005. 5.Each party to pay their own costs of the Appeal. 6.The opponents to have leave to file and serve written submissions, limited to 2 pages, concerning the costs of 23 November 2005 within 7 days of judgment with the claimant to file and serve any submissions, limited to 2 pages, in response within a further 7 days.

CATCHWORDS: PRACTICE AND PROCEDURE - COSTS - interlocutory proceedings – appropriate costs orders where proceedings dismissed without proceeding to final determination - Civil Procedure Act 2005 s98 - Uniform Civil Procedure Rules 42.19 and 42.20 (D)

Access to Neighbouring Land Act 2000 Civil Procedure Act 2005 Land and Environment Court Act 1979 Supreme Court Act 1970 LEGISLATION CITED: District Court Rules 1973 Federal Court Rules High Court Rules 1952 (Cth) Supreme Court Rules 1970 Supreme Court Rules (Qld) 1981 Uniform Civil Procedure Rules 2005