NSW Caselaw
New South Wales Court of Appeal
CITATION: Elite Protective Personnel Pty Ltd & Anor v Salmon (No 2) [2007] NSWCA 373
HEARING DATE(S): On the papers
JUDGMENT DATE: 18 December 2007
JUDGMENT OF: Beazley JA at 1; McColl JA at 1; Basten JA at 1
DECISION: 1. In lieu of order 7 made on 14 November 2007, respondent to pay seventy-five per cent of the costs of appeal.; 2.. Respondent to have a certificate under the Suitor's Fund Act 1951 if otherwise qualified.
CATCHWORDS: COSTS - whether costs should depart from general rule that costs follow the event where appellant abandons two grounds of appeal and fails on one.
LEGISLATION CITED: Suitor's Fund Act 1951 Uniform Civil Procedure Rules 2005
Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261 Elite Protective Personnel Pty Ltd & Murray Epiha v Thomas Salmon [2007] NSWCA 322 James and Ors v Surf Road Nominees Pty Ltd and Ors [No 2] [2005] NSWCA 296 CASES CITED: Sabah Yazgi v Permanent Custodians Limited (No 2) [2007] NSWCA 306 State of New South Wales v Stanley [2007] NSWCA 330 Sydney City Council v Geftlick & Ors (No 2) [2006] NSWCA 374 (at [27]) Waters v P C Henderson (Aust) Pty Ltd (Court of Appeal, 6 July 1994, unreported)
Elite Protective Personnel Pty Ltd - First Appellant PARTIES: Murray Epiha - Second Apellant Thomas Salmon - Respondent
FILE NUMBER(S): CA 40002 0f 2006
COUNSEL: Mr L King SC for the Appellants Mr HN Kelly SC with Mr SJ Maybury for the Respondent
SOLICITORS: Shearman Lawyers for the Appellants Stacks the Law Firm for the Respondent
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