NSW Caselaw
New South Wales Court of Appeal
CITATION: Gordian Runoff Ltd v Heyday Group Ltd [NO.2] [2005] NSWCA 124
HEARING DATE(S): On submissions
JUDGMENT DATE: 22 April 2005
JUDGMENT OF: Beazley JA at 1; Santow J at 2; Tobias JA at 3
DECISION: (1) Order that the appellant pay the costs of the third respondent on the appeal and the costs of the second respondent on the basis of a submitting appearance; (2) Order that the third respondent pay the costs of the second respondent of and incidental to its appearance on the hearing of the appeal on 6 December 2004
CATCHWORDS: COSTS - Second respondent's interests not affected by orders sought in Notice of Appeal - Second respondent only appeared at hearing of appeal to meet submission made, but later withdrawn, by third respondent - Appeal dismissed - Which party to pay second respondent's appeal costs - LEGISLATION
LEGISLATION CITED: N/A
CASES CITED: N/A
Gordian Runoff Limited Heyday Group Pty Limited PARTIES: Baulderstone Hornibrook Pty Limited GIO Workers Compensation (NSW) Pty Limited Steven John Garrard
FILE NUMBER(S): CA 40335/04
A: Andrew Saxton (Solicitor) 1R: N/A COUNSEL: 2R: J C Sexton SC 3R: Larry King SC 4R: N/A
SOLICITORS:
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 12469/01
LOWER COURT JUDICIAL OFFICER: McLoughlin DCJ
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40335/04
BEAZLEY JA SANTOW JA TOBIAS JA
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