Turkmani v Visvalingam (No 2) [2009] NSWCA 279

New South Wales Court of Appeal

CITATION: Turkmani v Visvalingam (No 2) [2009] NSWCA 279

HEARING DATE(S): on the papers

JUDGMENT DATE: 7 September 2009

JUDGMENT OF: Beazley JA at 1; Hodgson JA at 2; McColl JA at 22

In addition to the three orders previously made: DECISION: (4) Costs of the appellant of the appeal payable pursuant to order (3) not to include the costs of preparation of the blue books and the red book, or the costs of this application. (5) The costs order below varied to an order that the appellant pay the respondents' costs of the proceedings on the ordinary basis.

CATCHWORDS: COSTS – Departure from ordinary rule that costs follow the event – Whether issue on which successful appellant failed was clearly severable or clearly dominant – Effect of inefficient conduct of appeal.

CATEGORY: Consequential orders

Commonwealth of Australia v Gretton [2008] NSWCA 117 James v Surf Road Nominees (No 2) [2005] NSWCA 296 CASES CITED: Monie v Commonwealth of Australia (No 2) [2008] NSWCA 15 Roads and Traffic Authority v McGregor (No 2) [2005] NSWCA 453 Rockdale City Council v Micro Developments Pty Limited [2008] NSWCA 128 Turkmani v Visvalingam [2009] NSWCA 211

Ahmad TURKMANI (appellant) Marie Pryanthi VISVALINGHAM (first respondent) PARTIES: Stephen VISVALINGHAM by his next friend Marie Visvalingham (second respondent) Shanara VISVALINGHAM by her next friend Marie Visvalingham (third respondent) Anika VISVALINGHAM by her next friend Marie Visvalingham (fourth respondent)

FILE NUMBER(S): CA 40382/08

COUNSEL: S G CAMPBELL SC (appellant) P G MAHONY SC/ S E McCARTHY (respondents)