Boreland v Docker & Ors (No 2) [2007] NSWCA 275

New South Wales Court of Appeal

CITATION: Boreland v Docker & Ors (No 2) [2007] NSWCA 275

HEARING DATE(S): On the papers

JUDGMENT DATE: 10 October 2007

JUDGMENT OF: Mason P at 1; Beazley JA at 1; Ipp JA at 1

DECISION: 1. Correct the Orders made by the Court on 24 April 2007 pursuant to r 36.17 of the Uniform Civil Procedure Rules 2005 (NSW), so as to add as Order 2A: "The respondents' cross-claim be otherwise dismissed"; 2. Order that the respondents pay 80 per cent of the appellant's costs at first instance; 3. Order that the appellant and the respondents pay his and their own costs of the appeal.

CATCHWORDS: COSTS – provision in lease that lessee to pay lessor's costs where no judgment recorded against lessor – whether the effect of the orders of the court was that a judgment was recorded against the lessor - COSTS – appropriate order for costs on appeal and at trial where appellant partially successful on appeal – successful points on appeal subject of significant evidence and submissions at trial

Civil Procedure Act 2005 (NSW) ss 3, 133 LEGISLATION CITED: Suitors' Fund Act 1951 (NSW) s 6C Supreme Court Act 1970 (NSW) ss 63, 66, 67, 69A, 73, 75 Uniform Civil Procedure Rules 2005 (NSW) rr 36.1, 36.2, 36.4, 36.11, 36.17

John Leslie Boreland (Appellant) PARTIES: Shane Docker (First Respondent) Daniel Thomas Docker (Second Respondent) Liquor Administration Board (Third Respondent)

FILE NUMBER(S): CA 40060/07

JM Ireland QC; GA Moore; A Hatzis (Appellant) COUNSEL: DM Murr SC; JB Conomy (First & Second Respondent) Submitting appearance (Third Respondent)