NSW Caselaw
New South Wales Court of Appeal
CITATION: Coastwide Fabrication & Erection Pty Ltd v Honeysett (No.2) [2009] NSWCA 291
HEARING DATE(S): On written submissions
JUDGMENT DATE: 18 September 2009
JUDGMENT OF: Ipp JA at 1; Young JA at 2; McDougall J at 3
DECISION: The appellant's application to vary the costs orders made below be dismissed with costs.
CATCHWORDS: PROCEDURE - costs - application to vary costs order - application made outside the time reserved for leave to make application - whether court has power to grant application - Deputy Commissioner of Taxation v Meredith (No 2) [2008] NSWCA 133 applied - application dismissed
LEGISLATION CITED: Uniform Civil Procedure Rules 2005
CASES CITED: Deputy Commissioner of Taxation v Meredith (No.2) [2008] NSWCA 133 Kekatos v Stafford [2009] NSWCA 219
Coastwide Fabrication & Erection Pty Ltd (Appellant) PARTIES: Allan James Honeysett (First Respondent) Blue Circle Southern Cement Limited (Second Respondent)
FILE NUMBER(S): CA 40260/08
SOLICITORS: McCabe Terrill Lawyers (Appellant) Russell McLelland Brown Lawyers (First Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 97/2006
LOWER COURT JUDICIAL OFFICER: Delaney DCJ
LOWER COURT DATE OF DECISION: 17/06/08
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40260/08
IPP JA YOUNG JA McDOUGALL J
18 September 2009 Coastwide Fabrication & Erection Pty Ltd v Allan James Honeysett & Anor (No. 2) Costs Judgment 1 IPP JA: I agree with McDougall J. 2 YOUNG JA: I agree with McDougall J. 3 McDOUGALL J: On 12 June 2009, the Court made the following orders:
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