Summer Hill Business Centre v Equititrust Limited [2011] NSWCA 8

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Summer Hill Business Centre v Equititrust Limited [2011] NSWCA 8 Hearing dates: 7 February 2011 Decision date: 07 February 2011 Before: Allsop P Decision: 1. Subject to 2 below, both motions be stood over for the making of final orders in chambers. 2. In relation to costs, on the motion for the stay, the respondent's costs of that motion be its costs in the appeal; and in relation to the security for costs, each party pay its own costs. [Note: 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: Costs - security for costs - appeal costs - special circumstances Legislation Cited: Uniform Civil Procedure Rules Pt 50 r 8 Cases Cited: Transglobal Capital Pty Limited v Yolarno Pty Limited [2004] NSWCA 136 Category: Procedural and other rulings Parties: Summer Hill Business Estate Pty Limited (ACN 123 332 730) (First Appellant) West Apartments Pty Limited (ACN 106 212 971) (Second Appellant) Demian Constructions Pty Limited (ACN 003 365 100) (Third Appellant) Shimden Pty Limited (ACN 003 365 100) (Fourth Appellant) CTP Pty Limited (ACN 074 208 021) (Fifth Appellant) Tramdell Pty Limited (ACN 003 335 402) (Sixth Appellant) C A R Holdings Pty Limited (ACN 053 889 919) (Seventh Appellant) Demian Holdings Pty Limited (ACN 083 158 049) (Eighth Appellant) Riverland Estate Pty Limited (ACN 103 933 825) (Ninth Appellant) Demian Investments Pty Limited (ACN 082 158 030) (Tenth Appellant) Belgrave Holdings Pty Limited (ACN 007 671 128) (Eleventh Appellant) Equititrust Limited (Respondent) Representation: Counsel: Mr M Ashhurst SC (Appellants) Mr J Hogan-Doran (Respondent) Solicitors: Blackstone Waterhouse Lawyers (Appellants) Tucker & Cowen Solicitors (Respondent) File Number(s): 2010/283982 Decision under appeal Citation: Summer Hill Business Estate v Equititrust [2010] NSWSC 776 Date of Decision: 2010-07-30 00:00:00 Before: Pembroke J File Number(s): 2010/67275