Vagg v McPhee [2012] NSWCA 237

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Vagg v McPhee [2012] NSWCA 237 Hearing dates: 30 July 2012 Decision date: 30 July 2012 Before: McColl JA Decision: 1. Stay execution on the judgment given pursuant to the orders of the Court below on 7 March 2012, which were: (1) The plaintiffs pay the defendants' costs of the proceedings on an ordinary basis from March 2009 to 10 October 2011. (2) The plaintiffs pay the defendants' costs of the proceedings on an indemnity basis after 11 October 2011. (3) The plaintiffs pay the defendants' costs associated with this motion. until the appeal in this matter is heard and determined. 2. Stay the costs assessment in respect of the orders made by the Court below on 7 March 2012 until the appeal in this matter is heard and determined. 3. Respondents to pay the appellants' costs of the motion on an indemnity 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: PROCEDURE - costs - where applicants sought respondents' consent to orders prior to filing motion - where respondents agreed to orders on morning of hearing - whether costs of motion should be borne on indemnity basis Legislation Cited: Civil Procedure Act 2005 Cases Cited: Trad v Harbour Radio Pty Limited [2010] NSWCA 41 Category: Procedural and other rulings Parties: Margaret Doreen Vagg - first appellant Benjamin John Vagg - second appellant Julia Lillian Vagg - third appellant Cecilia Anne Vagg - fourth appellant James Gregory Vagg - fifth appellant Paul McPhee - first respondent Trevor Cork - second respondent David Dunkley - third respondent Steven Nicholson - fourth respondent Representation: Counsel: A P Webb QC with E W Young - appellants B Slabacu (solicitor) - respondents Solicitors: Turner Freeman - appellants Colin Biggers & Paisley - respondents File Number(s): 2012/00013018 Publication restriction: Nil Decision under appeal Citation: [2011] NSWSC 1584 Date of Decision: 2011-12-19 00:00:00 Before: Schmidt J File Number(s): 2009/29739