LVMH Watch & Jewellery Australia Pty Limited v Michael Lassanah & Ors (Costs) [2011] NSWCA 407

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: LVMH Watch & Jewellery Australia Pty Limited v Michael Lassanah & Ors (Costs) [2011] NSWCA 407 Hearing dates: On the Papers Decision date: 19 December 2011 Jurisdiction: Civil Before: Giles JA Campbell JA Bergin CJ in Eq Decision: (1) All costs orders made by the Trial Judge are set aside. (2) The Appellant and the Police are to pay 65% of the Respondents' costs of the District Court proceedings. (3) The Appellant is to indemnify the Police in respect of the 65% of the Respondents' costs of the District Court proceedings the Police have been ordered to pay. (4) Otherwise there be no order as to costs of the proceedings in the District Court. (5) There be no order as to costs in respect of the Summons for Leave to Appeal. (6) The Respondents are to pay the costs of the Police of the Cross-Appeal. (7) The Respondents are entitled to a Certificate under s 6 of the Suitors' Fund Act 1951 in respect of the Cross-Appeal. (8) The Respondents are to pay the costs of the Appellant and the Police of the Appeal. (9) The Respondents are entitled to a Certificate under s 6 of the Suitors' Fund Act 1951 in respect 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] - Where partial success on leave to appeal - success on appeal and cross-appeal - whether Respondents entitled to certificate under Suitors' Fund Act 1951 Legislation Cited: Suitors' Fund Act 1951 Cases Cited: Furber v Stacey [2005] NSWCA 242 Lassanah v State of New South Wales (No. 3) [2010] NSWDC 241. Lassanah v State of New South Wales (No. 4) [2010] NSWDC 284 LVMH Watch & Jewellery Australia Pty Limited v Michael Lassanah & Ors [2011] NSWCA 370 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Separovich v Ferrao (No 2) [2011] NSWCA 346 Category: Costs Parties: LVMH Watch & Jewellery Australia Pty Limited (Appellant) Michael Lassanah (1st Respondent) Aaron Oddie by his Tutor Michelle Pearson (2nd Respondent) State of New South Wales (3rd Respondent) Representation: B McClintock SC/RW Potter (Appellant) CA Evatt/L Evans (1st and 2nd Respondents) M Neil QC/D Caspersonn (3rd Respondent) Baker & McKenzie (Appellant) Friend & Co Lawyers (1st and 2nd Respondents) Henry Davis York (3rd Respondent) File Number(s): 2010/339209 Decision under appeal Jurisdiction: 9101 Before: Gibson DCJ File Number(s): 5370/2008