Firth v Wowk & Ors (No 2) [2008] NSWCA 182

New South Wales Court of Appeal

CITATION: Firth v Wowk & Ors (No 2) [2008] NSWCA 182 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): (On written submissions)

JUDGMENT DATE: 8 August 2008

JUDGMENT OF: Giles JA; McColl JA; Bell JA

DECISION: (1) Set aside any order made by the trial judge for the costs of the notice of motion as between Messrs Wowk and Donovan and Mr Firth; (2) No order for the costs of the notice of motion as between those parties; (3) No order for costs on appeal.

CATCHWORDS: Costs - appeal upheld on ground raised by Court - order made at trial not authorised by relevant statute - no claim to different order on basis of judge's findings - whether findings correctly made not decided - disposition of costs on appeal and at trial - no orders for costs.

CATEGORY: Consequential orders

CASES CITED: Firth v Wowk [2008] NSWCA 104; Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 196 CLR 622.

Stephen Paul Firth - Appellant PARTIES: Jury Wowk & Michael Donovan - First Respondents Neil Kennedy - Second Respondent

FILE NUMBER(S): CA 40301/07

A S Morrison SC & R I Goodridge - Appellant COUNSEL: Submitting appearance - First of the First Respondents M S Donovan (Solr) - Second of the First Respondents No appearance - Second Respondent

Firths - The Compensation Lawyers - Appellant SOLICITORS: Submitting appearance - First of the First Respondents Business Lawyers (Liverpool) Pty Ltd - Second of the First Respondents No appearance - Second Respondent