NSW Caselaw
New South Wales Court of Appeal
CITATION: Floruit Holdings Pty Ltd & Anor v Sebastian - Builders & Developers Pty Ltd [2009] NSWCA 411
HEARING DATE(S): On the papers
JUDGMENT DATE: 16 December 2009
JUDGMENT OF: Allsop P at 1; Young JA at 2; Bergin CJ in Eq at 3
1. The respondent is to pay the appellants' costs of and incidental to the appeal. DECISION: 2. Set aside the costs order of the hearing of the separate question made by Gibb DCJ. 3. The respondent is to pay the appellants' costs of and incidental to the hearing of the separate question in the District Court. 4. The respondent should have a certificate under the Suitors' Fund Act 1951 (NSW) subject to the respondent satisfying the provisions of s 6(7) of that Act.
CATCHWORDS: COSTS - Whether appellants entitled to costs of determination of the separate question in the District Court - No question in relation to costs of the appeal
LEGISLATION CITED: Suitors' Fund Act 1951 (NSW)
Floruit Holdings Pty Ltd (First Appellant) PARTIES: Currency Corporation Pty Limited (Second Appellant) Sebastian - Builders & Developers Pty Ltd (Respondent)
FILE NUMBER(S): CA 40210 of 2009
COUNSEL: G Burton SC/P Strasser (Appellants) G McVay/A Tsekouras (Respondent)
SOLICITORS: Grech Partners (Appellants) Pigott Stinson (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 456 of 2007
LOWER COURT JUDICIAL OFFICER: Gibb DCJ
LOWER COURT DATE OF DECISION: 9 April 2009
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 40210 OF 2009
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