Rossmick No 1 Pty Ltd v Bank of Queensland [2012] NSWCA 85

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rossmick No 1 Pty Ltd v Bank of Queensland [2012] NSWCA 85 Hearing dates: 4 April 2012 Decision date: 04 April 2012 Before: Basten JA at 1; Meagher JA at 1; Sackville AJA at 1 Decision: (1) Stay the application for leave to appeal from the orders of Logan J made in the Federal Court on 19 September 2008, being the proceedings in matter QUD 309/2008 transferred to the Supreme Court of New South Wales by the Full Court of the Federal Court by order made on 26 November 2008. (2) On application made by the OMB Parties, stay the underlying proceedings, being matter QUD 227/2007 in the Federal Court, transferred to the Supreme Court of New South Wales by the Full Court of the Federal Court on 26 November 2008. (3) Direct that the costs of the parties in this Court be costs in the three proceedings transferred from the Industrial Court and pending in the Equity Division in which the operation of s 106 of the Industrial Relations Act 1996 was sought to be challenged on constitutional grounds, being matters 2008/282304, 2008/279848 and 2008/282126. [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 - interlocutory appeal - application for leave to appeal in relation to pleadings in separate proceedings which might have been raised by way of defence in principal proceedings - application for leave to appeal cross-vested from Full Court of the Federal Court - separate proceedings stayed - whether costs of application for leave to appeal should be determined by the trial judge in the principal proceedings