NSW Caselaw
New South Wales Court of Appeal
CITATION: Bull v Lee (No 2) [2009] NSWCA 362
HEARING DATE(S): (On Written Submissions)
JUDGMENT DATE: 11 November 2009
JUDGMENT OF: Allsop P; Campbell JA; Young JA
DECISION: Orders amended to include interest calculation and effective date of judgment. Leave to make additional submissions refused. Respondent to pay costs concerning the additional submissions. Respondent's counsel given opportunity to make submissions about why he personally should not bear costs.
CATCHWORDS: PROCEDURE - appeal - leave to make submissions on a particular topic - how submissions made beyond the scope of the leave granted are to be dealt with - APPEAL - when leave granted to file Notice of Contention - whether leave to be granted after judgment delivered to raise fresh arguments - LEGAL PROFESSION - costs order - written submissions made beyond scope of leave granted - circumstances where costs order against practitioner is appropriate for making written submissions beyond scope of leave granted - PROCEDURE - costs - interest - pre-judgment interest on debt to be calculated at rate of interest provided by debt - DAMAGES - debt - where interest on a monthly balance amounts to charging interest on interest
CATEGORY: Consequential orders
CASES CITED: Bull v Lee [2009] NSWCA 215 Notaras v Waverley Council [2007] NSWCA 333; (2007) 161 LGERA 230
Brendan Alex Bull (First Appellant) PARTIES: Kathleen Ann Bull (Second Appellant) Heny Xueheng Lee (Respondent)
FILE NUMBER(S): CA 40275/08
COUNSEL: D Ash (Appellants) FS Santisi (Respondent)
SOLICITORS: Caldwell Martin Cox, Camden (Appellants) JN Legal, Bankstown (Respondent)
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