Guiney v Australand Holdings Ltd & Ors; Castlehaven Sales No 2 (trading as Castlehaven Realtors) & Ors v Guiney & Ors (No 2) [2008] NSWCA 124

New South Wales Court of Appeal

CITATION: Guiney v Australand Holdings Ltd & Ors; Castlehaven Sales No 2 (trading as Castlehaven Realtors) & Ors v Guiney & Ors (No 2) [2008] NSWCA 124

HEARING DATE(S): (On written submissions)

JUDGMENT DATE: 30 May 2008

JUDGMENT OF: Mason P; Giles JA; Einstein J

DECISION: Appellant's application dismissed. The appellant to pay one half of the first respondent's costs of this application and the second and third respondents should pay the other half.

CATCHWORDS: PROCEDURE - costs - general rule - costs follow the event - costs of whole action - where offer of compromise made

CATEGORY: Consequential orders

In CA 40483/06 - Lorraine Guiney - Appellant Australand Holdings Ltd - First Respondent Real Estate Franchises Pty Ltd (trading as Castlehaven Realtors) - Second Respondent John Ten Berge - Third Respondent PARTIES: In CA 40573/06 - Castlehaven Sales No 2 Pty Ltd (trading as Castlehaven Realtors) - First Appellant John Ten Berge - Second Appellant Lorraine Guiney - First Respondent Australand Holdings Ltd - Second Respondent

FILE NUMBER(S): CA 40483/06; 40573/06

In CA 40483/06 - S Norton SC & M Fraser - Appellant J G Stewart - First Respondent D Howarth (Solr) - Second and Third Respondents COUNSEL: In CA 40573/06 - D Howarth (Solr) - First and Second Appellant S Norton SC & M Fraser - First Respondent J G Stewart - Second Respondent

Brydens Law Office, Liverpool - Lorraine Guiney SOLICITORS: Ebsworth & Ebsworth - Australand Holdings Pty Ltd Lee & Lyons - Real Estate Franchises (trading as Castlehaven Realtors) Moray & Agnew - Castlehaven Sales No 2 Pty Ltd (trading as Castlehave Realtors) and John Ten Berg