NSW Caselaw
New South Wales Court of Appeal
CITATION: Perpetual Trustees Australia Ltd v Heperu Pty Ltd & Ors [No 3] [2010] NSWCA 3 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): On the papers.
JUDGMENT DATE: 9 February 2010
JUDGMENT OF: Allsop P; Campbell JA; Handley AJA
(1) The respondents to pay the appellant's general costs of the motion of 20 May 2009 incurred after 7 September, other than the costs incurred in respect of the affidavit of Mr Bray of 10 November; DECISION: (2) The appellant to pay the respondents' costs of preparing, settling, filing and serving the affidavit of Mr Bray of 10 November; (3) Costs to be set off; (4) No order as to the costs of the motion incurred after 30 November 2009;
CATCHWORDS: COSTS - No question of principle.
CATEGORY: Separate question
PARTIES: Perpetual Trustees Australia Ltd (Appellant)Heperu Pty Ltd (1st Respondent)Kirisi Holdings Pty Limited (2nd Respondent)Barry Samuel Landa (3rd Respondent)Drymmoyne Administrative Services Pty Ltd (4th Respondent)
FILE NUMBER(S): CA 40018/2008
COUNSEL: R E Dubler SC with J Emmett (Appellant)J Digby QC with A Hourigan (Respondents)
SOLICITORS: TressCox Lawyers, Sydney (Appellant)Wilson Solicitors, Penrith (Respondents)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 6165/2003
LOWER COURT JUDICIAL OFFICER: Palmer J
LOWER COURT DATE OF DECISION: 12/12/2007
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40018/08
ALLSOP P CAMPBELL JA HANDLEY AJA
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