Thomas v Willett [2011] NSWCA 217

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Thomas v Willett [2011] NSWCA 217 Hearing dates: 25 July 2011 Decision date: 25 July 2011 Before: Hodgson JA Decision: 1. The costs order made below in favour of Mrs Willett in relation to the rejection of Mr Sullivan's affidavit sworn 15 December 2009 be stayed until the determination of the appeal, so far as it relates to that costs order. 2. The costs of the notice of motion of 13 July 2011 be costs in the determination of the appeal so far as it concerns costs as between the plaintiffs and Mrs Willett. [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 - Whether order for costs should be stayed. Category: Procedural and other rulings Parties: Applicant/Cross-appellant: Eric Clyde THOMAS First Cross-respondent: Deborah WILLETT Representation: Applicant/Cross-appellant: D Hayes First cross-respondent: E Yamine Applicant/Cross-appellant: Hayes Partners First cross-respondent: Bartier Perry File Number(s): 2003/85446 Decision under appeal Citation: Thomas v SMP (International) No 5 [2010] NSWSC 1263 Date of Decision: 2010-10-06 00:00:00 Before: Pembroke J File Number(s): 2003/85446