Property Builders Pty Limited v Adelaide Bank Limited (No 2) [2011] NSWCA 329

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Property Builders Pty Limited v Adelaide Bank Limited (No 2) [2011] NSWCA 329 Hearing dates: 27 July 2011 Decision date: 30 November 2011 Before: Bathurst CJ at [1]; Allsop P at [24]; Sackville AJA at [25] Decision: (1) In respect to the proceedings brought by Adelaide Bank against Property Builders, Property Builders pay the costs of Adelaide Bank both at first instance and on appeal. (2) In respect to the proceedings brought by Adelaide Bank against Mr Phontos, Adelaide Bank pay Mr Phontos' costs of the proceedings at first instance and on 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 - general rule that costs follow event - multiple parties COSTS - general rule that costs follow event, exceptions to the - multiple parties - whether inappropriate joinder - no order as to costs - exercise of discretion Legislation Cited: Civil Procedure Act 2005 s 98(1) Uniform Civil Procedure Rules 2005 r 42.1 Cases Cited: Ohn v Walton (1995) 36 NSWLR 77 Category: Costs Parties: Property Builders Pty Limited (first appellant) Michael Phontos (second appellant) Adelaide Bank Limited (first respondent) Advance Investment Finance No 2 Pty Limited (second respondent) Eurofinance Capital Limited (third respondent) Representation: Counsel Rod Freeman (first and second appellants) M J Cohen (first, second and third respondents) Solicitors Phontos Legal (first and second appellants) Gadens Lawyers (first, second and third respondents) File Number(s): 2008/286721 Decision under appeal Citation: [2010] NSWSC 830 Date of Decision: 2010-07-29 00:00:00 Before: Simpson J File Number(s): 2008/286721