SAS Trustee Corporation v Arthur Cox (No 2) [2012] NSWCA 9

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: SAS Trustee Corporation v Arthur Cox (No 2) [2012] NSWCA 9 Hearing dates: On the papers Decision date: 13 February 2012 Before: McColl JA; Campbell JA; Sackville AJA Decision: (a) Vary order 4 made on 20 December 2011 to read: "4. Respondent to pay the costs of the appeal but to have a certificate under the Suitor's Fund Act 1951 if otherwise qualified. (b) Respondent to pay the costs of the notice of motion filed on 23 December 2011. [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.] Legislation Cited: Suitor's Fund Act 1951 Cases Cited: SAS Trustee Corporation v Arthur Cox [2011] NSWCA 408 Category: Costs Parties: SAS Trustee Corporation - Appellant Arthur Cox - Respondent Representation: T Ower - Appellant G Lindsay SC with P O'Rourke - Respondent SAS Trustee Corporation - Appellant Oates and Smith Solicitors - Respondent File Number(s): CA 2009/326261 Publication restriction: No Decision under appeal Date of Decision: 2009-11-26 00:00:00 Before: Ashford DCJ File Number(s): RJ540 of 2008