Battle v Bundagen Co-operative Ltd (No 3) [2011] NSWCA 83

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Battle v Bundagen Co-operative Ltd (No 3) [2011] NSWCA 83 Hearing dates: On the papers Decision date: 08 April 2011 Before: Hodgson JA at 1; Campbell JA at 8; Sackville AJA at 9 Decision: (1) Each party to bear its own costs of the first instance proceedings. (2) The Co-operative to pay two-thirds of Mr Battle's costs of the appeal, and to have a certificate under the Suitors' Fund Act if otherwise eligible. [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: PROCEDURE - Costs - Discrete issues on which successful party failed - Appropriate orders at first instance and on appeal. Legislation Cited: Suitors' Fund Act 1951 Cases Cited: Battle v Bundagen Co-operative Ltd (No 2) [2011] NSWCA 38 Category: Costs Parties: Christopher BATTLE (appellant) BUNDAGEN CO-OPERATIVE LTD (respondent) Representation: Counsel: J DOYLE/ L GOODCHILD (Ms) (appellant) P SINGLETON (respondent) Solicitors: In Person (appellant) Carty & Cox Solicitors (respondent) File Number(s): 2009/293060 Decision under appeal Citation: Bundagen Co-operative v Battle [2010] NSWSC 160 Date of Decision: 2010-03-05 00:00:00 Before: Latham J File Number(s): 11238/2009