NSW Caselaw
New South Wales Court of Appeal
CITATION: Australian Beverage Distributors v The Redrock Co [2008] NSWCA 200
HEARING DATE(S): 6 August 2008
JUDGMENT DATE: 6 August 2008
JUDGMENT OF: Allsop P at 1, 33, 38; Campbell JA at 2
EX TEMPORE JUDGMENT DATE: 6 August 2008
DECISION: Application for leave to appeal dismissed with costs.
CATCHWORDS: PRACTICE AND PROCEDURE - application for leave to appeal from costs judgments - whether reasons given for departure from principle that costs follow event - whether applicant heard - relevance of r 36.11 Uniform Civil Procedure Rules 2005 - whether error of law or questions of fact not warranting re-examination by grant of leave - whether inconsistency between principal judgment and findings on application for costs - where questions of issue estoppel may be raised
Civil Procedure Act 2005 LEGISLATION CITED: Conveyancing Act 1919 Supreme Court Act 1970 Uniform Civil Procedure Rules
Australian Beverage Distributors Pty Ltd v The Redrock Co Pty Ltd [2007] NSWSC 966; (2007) 213 FLR 450 CASES CITED: Australian Beverage Distributors v The Redrock Co [2008] NSWSC 3; (2008) 26 ACLC 74 Australian Beverage Distributors v The Redrock Co [2008] NSWSC 114
PARTIES: Australian Beverage Distributors Pty Ltd (Applicant) The Redrock Co Pty Ltd (Respondent)
FILE NUMBER(S): CA 40078/08
COUNSEL: CR Newlinds SC; DA Allen (Applicant) A Seward (Respondent)
SOLICITORS: Catalyst Legal, Newcastle (Applicant) Kemp Strang, Sydney (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
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