Loose Fit Pty Limited v Marshbaum & Ors (No 2) [2012] NSWCA 23

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Loose Fit Pty Limited v Marshbaum & Ors (No 2) [2012] NSWCA 23 Hearing dates: On the papers Decision date: 06 March 2012 Before: Campbell JA, Handley AJA, Sackville AJA Decision: Motion of 6 December 2011 (1) Order that the costs payable by the appellant pursuant to order (1) of 30 November 2011 be paid on the ordinary basis up to and including 13 May 2011, and on the indemnity basis thereafter until 30 November 2011. (2) The appellant to pay the costs of the motion. Motion of 13 December 2011 (1) Order (4) of 30 November 2011 varied by adding "and 50% of the costs of the trial payable by Loose Fit Pty Ltd to the plaintiff". (2) No order as to the costs of the motion. [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: Law Reform (Miscellaneous Provisions) Act 1946 Cases Cited: Callisher v Bischoffsheim (1870) LR 5 QB 449 James Hardie & Co Pty Ltd v Wyong Shire Council [2000] NSWCA 107, 48 NSWLR 679 L. Shaddock & Associates Pty Ltd v Parramatta City Council (No 2) [1982] HCA 59, 151 CLR 590 Gould v Vagellas [1985] HCA 85, 157 CLR 271 Production Spray Painting & Panel Beating Pty Ltd v Newnham (No 2) (1992) 27 NSWLR 659 Spies v Commonwealth Bank of Australia (1991) 24 NSWLR 691 Category: Costs Parties: Loose Fit Pty Limited - Appellant Ellen Marshbaum - First Respondent John Francis Kocx - Second Respondent Marea Anne Hickie - Third Respondent Representation: Solicitors - Walker Hedges & Co - Appellant Terrance Stern - First Respondent File Number(s): 2008/289559 Decision under appeal Citation: Marshbaum v Loose Fit Pty Ltd and Anor [2010] NSWSC 1130 Date of Decision: 2010-10-11 00:00:00 Before: Hoeben J File Number(s): 2008/289559