Encyclopaedia Britannica Australia Ltd v Campbell (No 2) [2009] NSWCA 335

Appeal Outcome: Special leave dismissed with costs by the High Court, 23 April 2010 s314/2009

New South Wales Court of Appeal

CITATION: Encyclopaedia Britannica Australia Ltd v Campbell (No 2) [2009] NSWCA 335

JUDGMENT DATE: 28 October 2009

JUDGMENT OF: Giles JA at 1; Macfarlan JA at 1; Sackville AJA at 1

In addition to orders 1-4 made on 10 September 2009: 5. Subject to Order 6, the respondent pay the appellant's costs in respect of the proceedings at first instance on a party and party basis up to and including 9 November 2007 and on an indemnity basis thereafter. 6. Order 5 is without prejudice to any costs orders made by the primary Judge in the proceedings prior to 14 November 2008. 7. The respondent pay the appellant's costs in respect of the appeal on a party and party basis. DECISION: 8.(a) The respondent pay interest on costs and disbursements pursuant to s 101(4) of the Civil Procedure Act 2005 (NSW) at the rates specified from time to time in Schedule 5 to the UCPR, on the Allowed Percentage (as that term is defined in order (b) below) of each amount of costs and disbursements actually paid by the appellant, from the date of payment by the appellant of each such amount of costs and disbursements until the first to occur of (i) such time as the respondent has paid the costs due to the appellant; or (ii) any further order relating to interest on costs in these proceedings. (b) In order to calculate the Allowed Percentage referred to in order (a) above: z – equals the total amount of costs and disbursements which the appellant has paid or is liable to pay to his legal advisers in connection with these proceedings and those in the court below. y – equals the total amount of costs and disbursements allowed on assessment to the appellant in connection with these proceedings and those in the court below. The Allowed Percentage equals (y ÷ z x 100). 9. Grant liberty to the appellant to apply to apply upon 3 days notice to other parties for an order for payment of a specific amount in respect of the interest awarded upon costs pursuant to Order 8. 10. The respondent have a certificate under the Suitors Fund Act 1951 (NSW), if so entitled.