Bevillesta Pty Ltd v D Tannous No 2 Pty Ltd [2010] NSWCA 277

New South Wales Court of Appeal

CITATION: Bevillesta Pty Ltd v D Tannous No 2 Pty Ltd [2010] NSWCA 277

HEARING DATE(S): 29 September 2010

JUDGMENT DATE: 27 October 2010

JUDGMENT OF: Allsop P at 1; McColl JA at 2; Handley AJA at 45

DECISION: 1. Grant leave to appeal in relation to the primary judge's refusal to order that the costs orders in paragraphs 2, 11 and 12 of the orders made on 30 April 2010 be recoverable forthwith insofar as they were made against each corporate respondent. 2. Appellant to file a notice of appeal confined to the fourth ground of appeal in the draft notice of appeal included in the White Book again confined to those orders insofar as they concerned the corporate respondents. 3. Appeal allowed. 4. In addition to the orders made by the primary judge, order that the corporate respondents pay the costs the subject of paragraphs 2, 11 and 12 of the orders made on 30 April 2010 forthwith. 5. The third respondent, Gabriel Rahme, to pay the costs of the application for leave to appeal insofar as it concerned the question whether the costs he was ordered to pay in paragraphs 2, 11 and 12 of the orders made on 30 April 2010 be payable forthwith. 6. Subject to paragraph 5 above, the first and second respondents are to pay the costs of the application for leave to appeal and of the appeal. 7. The respondents to have a certificate under the Suitors' Fund Act 1951 (NSW) if qualified.

CATCHWORDS: COSTS – whether appropriate to order that costs should be payable forthwith – unreasonable conduct – failure to act expeditiously in conduct of proceedings – failure to assist in furthering overriding purpose – s 56 – 58, s 98, Civil Procedure Act 2005 (NSW) – UCPR 42.7

Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Corporations Law LEGISLATION CITED: Federal Court Rules 1979 (Cth) Land and Environment Court Act 1979 (NSW) Supreme Court Act 1970 (NSW) Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005