May v Christodoulou [2011] NSWCA 75

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: May v Christodoulou [2011] NSWCA 75 Hearing dates: 16 February 2011 Decision date: 04 April 2011 Before: Macfarlan JA at 1, Handley AJA at 3, Sackville AJA at 56. Decision: 1. Appeal allowed. 2. Set aside the order made by Robison DCJ on 15 May 2009 that the appellant be jointly and severally liable with Belltree Constructions Pty Ltd to pay the respondent's costs in the District Court proceedings. 3. The respondent pay the appellant's costs of the appeal. 4. Direct that the respondent have a certificate under the Suitors Fund Act 1951 (NSW), if qualified. [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 - director represents defendant company at trial - plaintiff succeeds - non-party costs order made against director - whether primary Judge erred in making the order - criteria for making a costs order against a director representing a defendant company

PROCEDURE - Home Building Act 1989 (NSW), s 48L - defendant applies for transfer of the proceedings - application made on third day of hearing - application refused - whether refusal deprived Court of jurisdiction - whether right to apply for a transfer had been waived Legislation Cited: Civil Procedure Act 2005 (NSW) Home Building Act 1989 (NSW) Suitors Fund Act 1951 (NSW)