Kable v State of New South Wales (No 2) [2012] NSWCA 361

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kable v State of New South Wales (No 2) [2012] NSWCA 361 Hearing dates: On the papers Decision date: 09 November 2012 Before: Allsop P at [1]; Basten JA at [5]; Campbell JA at [27]; Meagher JA at [28]; McClellan CJ at CL at [29] Decision: (1) With respect to the application to vary order 3(b) made on 8 August 2012: (a) dispense with the requirement to give notice of the motion notified in the letter of the Crown Solicitor of 9 August 2012 in the prescribed form; (b) vacate the order made on 8 August 2012 and in place thereof - order that the question of the costs of the proceedings to date in the Common Law Division be dealt with by the judge to whom the matter is remitted for the assessment of damages pursuant to order 4 made on 8 August 2012. (2) Otherwise dismiss the respondent's notice of motion filed on 24 August 2012. (3) Make 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.] Catchwords: COSTS - costs of appeal - appellant successful on one of three causes of action - inadequacies in appellant's submissions led to adjournment - whether "event" that costs follow is judgment on liability - whether significance of issues related to adjournment relevant to order for costs of adjournment - whether justice requires that costs order be reopened