NSW Caselaw
New South Wales Court of Appeal
CITATION: Hooker v Gilling (No 2) [2007] NSWCA 214
HEARING DATE(S): On the papers
JUDGMENT DATE: 16 August 2007
JUDGMENT OF: Ipp JA at 1; McColl JA at 2; Basten JA at 39
DECISION: Confirm the orders of the Court made on 1 May 2007.
CATCHWORDS: COSTS – appeal – appellant successful on appeal in reversing lower court orders – success due to considerable indulgence by Court of Appeal – whether appellant "successful" for the purposes of UCPR 42.1 – held no – court entitled to depart from "usual" rule – orders made on 1 May 2007 confirmed. COSTS – s 99(1) Civil Procedure Act 2005 – whether appellant's legal representatives should pay costs of appeal – conduct did not reach threshold contemplated by s 99(1).
Civil Procedure Act 2005 Motor Accidents Act 1988 LEGISLATION CITED: Motor Accidents Compensation Act 1999 District Court Rules 1973 Supreme Court Rules 1970
Anglo-Cyprian Trade Agencies Ltd v Paphos Wine Industries Ltd [1951] 1 All ER 873 Arian v Nguyen [2001] NSWCA 5; (2001) 33 MVR 37 Fordyce v Fordham & Anor [2006] NSWCA 274 CASES CITED: Furber v Stacey & Anor [2005] NSWCA 242 Hooker v Gilling [2007] NSWCA 99 Lemoto v Able Technical Pty Ltd [2005] NSWCA 153; (2005) 63 NSWLR 300 Oshlack v Richmond River Council [1988] HCA 11; (1998) 193 CLR 72
PARTIES: David Price Hooker - Appellant Glenys Joy Gilling - Respondent
FILE NUMBER(S): CA 40338 of 2006
COUNSEL: J G Gazzi - Appellant Respondent in person
SOLICITORS: Herbert Weller - Appellant Respondent in person
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