NSW Caselaw
New South Wales Supreme Court
CITATION : Illawong Village Pty Limited v State Bank of New South Wales [2005] NSWSC 524
HEARING DATE(S) : 31 May 2005
JUDGMENT DATE : 31 May 2005
JURISDICTION : Equity
JUDGMENT OF : Campbell J
DECISION : Stay refused. Costs of motion to include costs incurred on topic of stay prior to date of filing of notice of motion for a stay.
CATCHWORDS : PROCEDURE - costs - plaintiff loses at first instance and appeals - whether to stay, pending appeal, the costs order made at first instance in favour of the defendant - from what date interest runs on a cost order under section 95(1) Supreme Court Act 1970 - whether costs of a party successful on a Notice of Motion should include costs incurred prior to the date of filing of the Notice of Motion
Legal Profession Act 1987 LEGISLATION CITED : Supreme Court Act 1970 Supreme Court Rules 1970
Alexander v Cambridge Credit Corporations Limited (receivers appointed) (1985) 2 NSWLR 685 Andrews v John Fairfax and Sons Limited [1979] 2 NSWLR 185 CASES CITED : Australian Federation of Consumer Organisations Incorporated v The Tobacco Institute of Australia Limited No 2 (1991) 30 FCR 548 Bridges v Australian Consolidated Press Ltd (Court of Appeal, 16 June 1970, unreported) Re Middle Harbour Investments Ltd (In Liq) (Court of Appeal, 15 December 1976, unreported)
Illawong Village Pty Ltd - Plaintiff PARTIES : State Bank of New South Wales - Defendant
FILE NUMBER(S) : SC 3426/00
A J McQuillen - Plaintiff COUNSEL : J E Marshall SC; G Lucarelli - Defendant
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