Jireh International Pty Ltd t/as Gloria Jean's Coffee v Western Export Services Inc (No 2) [2011] NSWCA 294

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jireh International Pty Ltd t/as Gloria Jean's Coffee v Western Export Services Inc (No 2) [2011] NSWCA 294 Hearing dates: On the papers Decision date: 16 September 2011 Before: Macfarlan JA at [1] Young JA at [56] Tobias AJA at [57] Decision: In addition to the orders made on 1 June 2011: (1)Direct that if the parties are able to agree on the amount of interest to which WES is entitled they lodge within 14 days of the date of this judgment short minutes of order identifying the amount of the judgment inclusive of interest that should be entered in favour of WES in lieu of that ordered on 1 June 2011. (2)Liberty to each party on three days' notice to apply to the court for the appeal to be relisted in the event that the parties are unable to reach agreement as to the amount of interest that should be awarded. (3)Order Jireh to pay 65 per cent of the respondents' costs of the proceedings at first instance, save for costs incurred in relation to interlocutory matters that are the subject of costs orders made in Jireh's favour. (4)Note that such costs orders as to interlocutory matters are to remain unaffected by the orders made on appeal. (5)Order that WES pay 25 per cent of Jireh's costs of the appeal. (6)Grant the respondents certificates under the Suitors' Fund Act 1951, 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 - costs of trial - whether successful party's entitlement to costs should be reduced to reflect the fact that it recovered only a small proportion of its claim - costs of appeal - multiple issues - appellant obtained a substantial reduction of the judgment awarded at first instance but was unsuccessful on many of the issues that were argued