McGrath v Sturesteps; Sturesteps v HIH Overseas Holdings Ltd (in liquidation) (No 2) [2011] NSWCA 331

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: McGrath v Sturesteps; Sturesteps v HIH Overseas Holdings Ltd (in liquidation) (No 2) [2011] NSWCA 331 Hearing dates: 8 August 2011 Decision date: 07 December 2011 Before: Bathurst CJ at [1]; Macfarlan JA at [16]; Sackville AJA at [17] Decision: (1) The appellants pay the respondent's costs of the proceedings at first instance up to and including 19 February 2010. (2) The respondent pay to the appellants their costs of the proceedings to the extent that such costs were incurred after 19 February 2010. [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 - trial costs - multiple issues - multiple trials - apportionment Legislation Cited: Corporations Act 2001 (Cth) s 556(1)(h) Cases Cited: House v The King (1936) 55 CLR 499 Category: Costs Parties: Anthony Gregory McGrath (First Appellant / First Cross Respondent) Christopher John Honey (Second Appellant / Second Cross Respondent) HIH Casualty & General Insurance Limited (in liquidation) (Third Appellant / Third Cross Respondent) George Osvald Sturesteps (Respondent / Cross Appellant) Representation: Counsel F Gleeson SC / R Foreman (Appellants / Cross Respondents) B W Rayment QC / A Metcalfe (Respondent / Cross Appellant) Solicitors Blake Dawson (Appellants / Cross Respondents) Benjamin & Khoury Solicitors (Respondent / Cross Appellant) File Number(s): CA 2010/224161 Decision under appeal Citation: [2010] NSWSC 169 [2010] NSWSC 896 [2010] NSWSC 903 Before: Brereton J File Number(s): SC 258096/2006