Sheahan v Londish [2010] NSWCA 364

New South Wales Court of Appeal

CITATION: Sheahan v Londish [2010] NSWCA 364

HEARING DATE(S): on the papers

JUDGMENT DATE: 17 December 2010

JUDGMENT OF: Hodgson JA; Young JA; Lindgren AJA

(1) Order that the first respondent, Peter Londish, pay the costs of the applicants/appellants, John Sheahan and Ian Lock, of the application for leave to appeal and of the appeal, and that he have a certificate under the Suitors' Fund Act 1951 if otherwise eligible. (2) On the motion brought by notice of motion filed on 11 November 2010: DECISION: (a) order by consent that the motion be dismissed; (b) order that the first respondent/applicant on the motion (Peter Londish) pay the costs of the appellants/first respondents to the motion (John Edward Sheahan and Ian Russell Lock) and of the second and third respondents/second and third respondents to the motion (David Bowman and Sidney Londish) of the motion. (3) Order that the first respondent, Peter Londish, pay the costs of the applicants/appellants, John Sheahan and Ian Lock, of the interlocutory proceeding at first instance. [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

CATCHWORDS: PROCEDURE – Costs – Application for leave to appeal – Events subsequent to first instance decision mean that appeal in substance concerned costs – Offer by applicants to the effect that each party be left bearing its own costs – Not accepted by respondents – Application and appeal successful – Appropriate orders as to costs.