NSW Caselaw
New South Wales Court of Appeal
CITATION: Holmes à Court v Papaconstuntinos [2010] NSWCA 329
HEARING DATE(S): 29 June 2010
JUDGMENT DATE: 29 June 2010
JUDGMENT OF: Allsop P at 1; McColl JA at 8; Basten JA at 9
EX TEMPORE JUDGMENT DATE: 29 June 2010
1. Grant leave to appeal on the question of qualified privilege as covered by grounds 1, 3, 4, 5 and 6 of the draft notice of appeal noting that leave has been withdrawn on the question of quantum which I would not have granted leave about in any event. DECISION: 2. Order the applicant to pay the costs thrown away caused by the late application to challenge previous decisions of this Court in Bennette v Cohen [2009] NSWCA 60 and Goyan v Motyka [2008] NSWCA 28. Such costs thrown away are to be paid on an indemnity basis. Grant leave to assess such costs forthwith and once assessed to be paid forthwith. 3. The costs of today insofar as they represent a leave application only are to be costs in the appeal.
CATEGORY: Procedural and other rulings
Bashford v Information Australia (Newsletters) Pty Ltd [2004] HCA 5; 218 CLR 366 CASES CITED: Bennette v Cohen [2009] NSWCA 60 Goyan v Motyka [2008] NSWCA 28 Richards v Cornford (No 3) [2010] NSWCA 134
PARTIES: Peter Holmes à Court (Appellant) Tony Papaconstuntinos (Respondent)
FILE NUMBER(S): CA 2009/298579
COUNSEL: Mr B R McClintock SC, Mr R W Potter (Appellant) Mr T K Tobin QC, Mr R K Weaver (Respondent)
SOLICITORS: Baker & McKenzie (Appellant) Slater & Gordon (Respondent)
LOWER COURT JURISDICTION: Supreme Court
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