Current Images Pty Limited v Dupack Pty Limited (No 2) [2012] NSWCA 256

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Current Images Pty Limited v Dupack Pty Limited (No 2) [2012] NSWCA 256 Hearing dates: 30 November 2011 Decision date: 20 August 2012 Before: Bathurst CJ at [1]; Macfarlan JA at [10]; Sackville AJA at [11] Decision: Vary Orders 3 and 4 of the orders made on 20 April 2012 substituting the following: 3 Judgment for the appellant against the respondent for $157,947 together with interest in the sum of $41,655.83. 4 Order that the respondent pay the appellant's costs of the appeal and the proceedings in the court below. [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 event - trial costs - appeal costs COSTS - assessment - interest - up to judgment Legislation Cited: Civil Procedure Act 2005 s 100 Cases Cited: Fitzgerald v Masters (1955) 95 CLR 420 Category: Costs Parties: Current Images Pty Limited (Appellant) Dupack Pty Limited (Respondent) Representation: Counsel Mr M Ashhurst SC with Mr S Ipp (Appellant) Mr E White (Respondent) Solicitors Macquarie Legal Practice (Appellant) Dominic Stamfords (Respondent) File Number(s): 2011/115646 Decision under appeal Date of Decision: 2011-03-11 00:00:00 Before: O'Toole DCJ File Number(s): 3883/2009