Edelbrand Pty Ltd v H M Australia Holdings Pty Ltd (No 2) [2012] NSWCA 217

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Edelbrand Pty Ltd v H M Australia Holdings Pty Ltd (No 2) [2012] NSWCA 217 Hearing dates: 11 November 2011 Decision date: 24 July 2012 Before: Bathurst CJ at [1]; McColl JA at [15]; Tobias AJA at [16] Decision: 1. Order that the respondent pay the costs of the appellant in the Court below up to and including 21 March 2011 on the ordinary basis and thereafter on an indemnity basis. 2. Order that the respondent pay the appellant's costs of the appeal on the ordinary 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 - general rule that costs follow the event - trial costs - appeal costs COSTS - indemnity costs - where Calderbank letter - reasonableness of rejection Legislation Cited: Building and Construction Industry Security of Payment Act (NSW) 1999 Supreme Court Rules Pt 22 Uniform Civil Procedure Rules r 20.26 Cases Cited: Jones v Bradley (No 2) [2003] NSWCA 258 SMEC Testing Services Pty Limited v Campbelltown City Council [2000] NSWCA 323 Category: Costs Parties: Edelbrand Pty Ltd (Appellant) H M Australia Holdings Pty Ltd (Respondent) Representation: Counsel DS Weinberger (Edelbrand Pty Ltd) P Folino Gallo, I Leong (H M Australia Holdings Pty Ltd) Solicitors Whittens Lawyers & Consultants (Edelbrand Pty Ltd) TK Legal Pty Ltd (H M Australia Holdings Pty Ltd) File Number(s): 2011/54792 Decision under appeal Citation: H M Australia Holdings Pty Limited v Edelbrand Pty Limited t/as Domus Homes & Anor [2011] NSWSC 604 Date of Decision: 2011-06-21 00:00:00 Before: Einstein J File Number(s): 2011/54792