NSW Caselaw
New South Wales Court of Appeal
CITATION: Wagstaff v Keramianakis & Anor [2006] NSWCA 137
HEARING DATE(S): 9 December 2004, 18 October 2005
JUDGMENT DATE: 30 May 2006
JUDGMENT OF: Giles JA at 1; McColl JA at 2; Brownie AJA at 79
DECISION: 1. First and second opponents to pay the claimant's and third opponent's costs of the first appeal hearing, save to the extent that those costs are already covered by the costs thrown away order/agreement. 2. Claimant to pay the opponents' costs of the second appeal hearing save to the extent that those costs are covered by the costs thrown away order/agreement.
CATCHWORDS: PRACTICE and PROCEDURE - COSTS - First appeal hearing - Summons for Leave to Appeal adjourned to permit first and second opponents to seek leave to amend Statement of Claim in District Court - first and second opponents' failure to make amendment application before first appeal hearing cause of wasted costs of that hearing - HELD - first and second opponents to pay costs of first appeal hearing save to extent already covered by costs thrown away order/agreement - Second appeal hearing - Summons for Leave to Appeal otiose once first and second opponents given leave to amend Statement of Claim - HELD - claimant to pay costs of second appeal hearing save to extent already covered by costs thrown away order/agreement. (ND)
Civil Procedure Act 2005 LEGISLATION CITED: Defamation Act 1974 Law Reform (Miscellaneous Provisions) Act 1946 Supreme Court Rules 1970
Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; (1981) 148 CLR 170 Brittain v The Commonwealth of Australia (No 2) [2004] NSWCA 427 Doan & Anor v Advanced Microdevices Incorporated & Ors [2004] NSWSC 216 Gerlach v Clifton Bricks Pty Ltd [2002] HCA 22; (2002) 209 CLR 478 CASES CITED: Griffith & Ors v ABC & Ors [2003] NSWSC 298 In Re the Will of F. B. Gilbert (decd.) (1946) SR (NSW) 318 John Zunter v John Fairfax Publications Pty Ltd [2005] NSWSC 119; (2005) 62 NSWLR 594 Steffen v Ruban [1966] 2 NSWR 622; Webb v Bloch (1928) 41 CLR 331
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