Silverbrook Research Pty Ltd v Lindley [No 2] [2011] NSWCA 29

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Silverbrook Research Pty Ltd v Lindley [No 2] [2011] NSWCA 29 Hearing dates: 18 October 2010 Decision date: 14 February 2011 Before: Allsop P at 1, Beazley JA at 9, Hammerschlag J at 10 Decision: (1) Judgment of the District Court be set aside and in lieu thereof: Judgment for the plaintiff in the amount of $53,921.57, taking effect as at 13 November 2009. The defendant pay the plaintiff's costs, excluding costs referable exclusively to the claim under the Trade Practices Act 1974 (Cth) which was abandoned. (2) There be no order for costs of the appeal. [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 - assessment - interest - whether costs recoverable for claim abandoned - appeal costs - no order as to costs Legislation Cited: Trade Practices Act 1974 (Cth) Category: Consequential orders Parties: Silverbrook Research Pty Ltd (Appellant) Robyn Alice Lindley (Respondent) Representation: Counsel: Mr P J Newall (Appellant) Mr J C Sheller (Respondent) Solicitors: Truman Hoyle Lawyers (Appellant) DGB Lawyers (Respondent) File Number(s): 2010/4756 Decision under appeal Citation: Robyn Alice Lindley v Silverbrook Research Pty Limited [2009] NSWDC 396 Date of Decision: 2009-11-13 00:00:00 Before: Walmsley SC DCJ File Number(s): 5519/08