Rodger v De Gelder & Anor (No 2) [2011] NSWCA 235

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rodger v De Gelder & Anor (No 2) [2011] NSWCA 235 Hearing dates: On the papers Decision date: 11 August 2011 Before: Beazley JA at 1; McColl JA at 23; Macfarlan JA at 24 Decision: 1. Set aside that part of order 6 made on 20 April 2011 relating to the costs of the appeal; 2. Order that the first respondent pay one third of the appellant's 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 - costs on appeal - new issues raised on appeal - appellant successful on one only of the principal issues argued - first respondent to pay one third of appellant's costs of the appeal Legislation Cited: Uniform Civil Procedure Rules 2005 Category: Costs Parties: James Norman Barr Rodger (Appellant) Adam Roy De Gelder (First Respondent) Motor Accidents Authority of NSW (Second Respondent) Representation: M A Robinson (Appellant) A C Canceri (First Respondent) Submitting appearance (Second Respondent) Curwoods Lawyers (Appellant) CMC Lawyers (First Respondent) Crown Solicitors Office (Second Respondent) File Number(s): 2009/297971 Decision under appeal Citation: De Gelder v Motor Accidents Authority of NSW [2009] NSWSC 1173 Date of Decision: 2009-12-18 00:00:00 Before: Davies J File Number(s): SC 30018/2009