Ashi Pty Limited v Karasco Investments Pty Ltd [2009] NSWSC 780

New South Wales Supreme Court

CITATION : Ashi Pty Limited v Karasco Investments Pty Ltd [2009] NSWSC 780 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 27 July 2009

JUDGMENT DATE : 12 August 2009

JUDGMENT OF : Davies J

DECISION : (1) Grant leave to the Plaintiff to appeal against the decision of the Local Court at Liverpool given on 28 November 2008. (2) Order the appeal be allowed. (3) Vary the order of the Local Court so that it provides: (a) Order that the Plaintiff pay the Defendant's and the Cross-Defendant's costs of the proceedings, such costs not to include any costs of the second cross-claim by the Cross-Defendant against Zarb; (b) Order that the costs of the application for costs in favour of the Cross-Defendant from 15 August 2008 be costs on an indemnity basis.

CATCHWORDS : PROCEDURE - costs - appeal as to costs - unsuccessful claim by real estate agent for commission against vendor - purchaser joined as Cross-Defendant - Cross-Defendant takes over defence of Defendant prior to hearing - order made by Magistrate that Plaintiff pay Cross-Defendant's costs - order varied to require Plaintiff to pay Defendant's and Cross-Defendant's costs. APPEAL AND NEW TRIAL - leave to appeal required - what must be shown for leave to be granted.

Courts and Crimes Legislation Amendment Act 2008 Interpretation Act 1987 LEGISLATION CITED : Legal Profession Act 1987 Local Courts Act 1982 Local Court Act 2007 Supreme Court Act 1970

Chapmans Ltd v Yandell [1999] NSWCA 361 Coulter v R (1988) 164 CLR 350 CASES CITED : Gould v Vaggelas (1985) 157 CLR 215 Gundry v Sainsbury [1910] 1 KB 645 Harold v Smith (1860) 5 H. & N. 381, 385 Tarry v Price (No. 2) (1987) 88 FLR 270