Penrith Whitewater Stadium Ltd & Anor v Lesvos Pty Ltd & Anor (No 2) [2007] NSWCA 206

New South Wales Court of Appeal

CITATION: Penrith Whitewater Stadium Ltd & Anor v Lesvos Pty Ltd & Anor (No 2) [2007] NSWCA 206

HEARING DATE(S): On written submissions

JUDGMENT DATE: 15 August 2007

JUDGMENT OF: Ipp JA at 1; McColl JA at 13; Campbell JA at 14

DECISION: (a) The respondents pay the costs of the trial (b) The respondents pay the costs of the appeal, save for the costs that were incurred: (i) in preparing the orange book and the arguments incorporated in it, and (ii) in preparing for the oral argument on appeal. In regard to arguments unconnected with s 54A(a) of the Conveyancing Act or s 52 of the Trade Practices Act or the notice (or amended notice of contention; (c) There should be no order in respect of the costs so excluded; and (d) There be no order as to the costs of the applications to vary the proposed costs orders (e) The respondents to have a certificate under the Suitors' Fund Act 1951 (NSW) if otherwise entitled.

LEGISLATION CITED:

Penrith Whitewater Stadium Ltd (First Appellant) PARTIES: Penrith City Council (Second Appellant) Lesvos Pty Ltd (First Respondent) Koffee Pty Ltd (Second Respondent)

FILE NUMBER(S): CA 40199/07

COUNSEL: M S Jacobs QC/P J Bambagiotti (Appellants) A W Street SC/D C Price (Respondents)

SOLICITORS: Gadens Lawyers (Appellants) Andresakis & Associates (Respondents)

LOWER COURT JURISDICTION: Supreme Court - Common Law Division

LOWER COURT FILE NUMBER(S): SC 20147/02

LOWER COURT JUDICIAL OFFICER: Bell J; Grove J

LOWER COURT DATE OF DECISION: 23 June 2006 (Bell J) 12 April 2007 (Grove J)