State of New South Wales v Hamod & Ors [2011] NSWCA 376

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Hamod & Ors [2011] NSWCA 376 Hearing dates: 18 & 20 July 2011 Decision date: 06 December 2011 Before: Beazley JA at [1], Giles JA at [2], Whealy JA at [55] Decision: 1. Grant leave to appeal and direct that the notice of appeal be filed within seven days. 2. Appeal dismissed with costs, in the case of Mr Hamod the costs to be on a submitting basis. [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 - order for costs on an interlocutory application in favour of plaintiff - costs made payable forthwith - subsequent order for trial costs against plaintiff - interlocutory costs not set off against trial costs - discretion to set off - relationship between orders - significance of interlocutory costs being payable forthwith - whether juge erred in exercise of discretion - no error. Legislation Cited: Legal Profession Act 2004, ss 373-383, ss 384-389 Cases Cited: in re A Debtor, No 21 of 1950 (No 2) Ex parte The Petitioning Creditors v The Debtor; Australian Beverage Distributors v Evans & Tate Premium Wines Pty Ltd [2006] NSWSC 560; (2006) 230 ALR 184; Australian Beverage Distributors Pty Ltd v Evans & Tate Premium Wines Pty Ltd [2007] NSWCA 57; (2007) 69 NSWLR 374; House v The King (1936) 55 CLR 549; Firth v Centrelink [20002] NSWSC 564: (2002) 55 NSWLR 451; Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 2001; Wentworth v Wentworth (Young J, 12 December 1994, unreported). Category: Costs Parties: State of New South Wales - Appellant Anthony Hamod - First Respondent Simon Diab - Second Respondent Representation: J E Maconachie QC & M T Hutchings - Applicant A Smith - First Respondent R McKeand SC - Second Respondent I V Knight - Crown Solicitor -Applicant John Stonham & Co, Leumeah - First Respondent Simon Diab & Associates - Second Respondent File Number(s): 2009/298483 Decision under appeal Citation: Hamod v State of New South Wales (No 12) [2009] NSWSC 1042 Date of Decision: 2009-10-02 00:00:00 Before: Harrison J File Number(s): 040418/09