Arena Management Pty Ltd (Receiver & Manager Appointed) v Campbell Street Theatre Pty Ltd [2011] NSWCA 128

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Arena Management Pty Ltd (Receiver & Manager Appointed) v Campbell Street Theatre Pty Ltd [2011] NSWCA 128 Hearing dates: 25 March 2011 Decision date: 23 May 2011 Before: McColl JA at [1], Campbell JA at [2], Macfarlan JA at [131] Decision: (1) Declare that Randall Joubert was entitled to appeal as of right against the Costs Judgment, insofar as it held that he should bear personally the costs of the litigation in the court below. (2) Direct that a Notice of Appeal, in the form of the draft Notice of Appeal contained in the White Book in this matter but modified by: (a) removing Arena as an appellant and naming it as a respondent; and (b) adding such ground of appeal concerning denial of procedural fairness in relation to the Costs Judgment as Mr Joubert might be advised; be filed within 21 days from the date of delivery of this judgment (3) Extend time for filing such a Notice of Appeal to 21 days from the date of delivery of this judgment. (4) Costs of the application for leave to appeal in this matter to be costs in the appeal. (5) Direct that the documents recording the extent of the parties' agreement on facts relevant to the proposed procedural fairness be included in the Red Book for 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: APPEAL - costs - right of appeal - jurisdiction of the Court of Appeal - Supreme Court Act 1970 s 101(2)(c) - whether leave to appeal required - whether an order that a liquidator pay the costs of the proceedings personally without a right of indemnification is an order "as to costs only"