Maxwell-Smith v Hall [No 2] [2013] NSWCA 3

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Maxwell-Smith v Hall [No 2] [2013] NSWCA 3 Hearing dates: 31 August 2012 Decision date: 05 February 2013 Before: Basten JA; Tobias AJA Decision: (1) With respect to the application for leave to appeal from orders made in the District Court on 20 April 2012, in addition to the orders made on 31 August 2012, and with respect to the third respondent: (a) grant leave to the applicants to appeal in respect of orders 1-4; (b) by consent, allow the appeal and set aside orders 1-4. (2) As between the applicants and the third respondent, make no order as to the costs of the proceedings in this Court. [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 - civil - costs - respondent accepted appeal to be allowed on new ground - grounds raised by appellant rejected - whether costs should follow the event Cases Cited: Maxwell-Smith v Hall [2012] NSWCA 284 Category: Consequential orders Parties: Inge Maxwell-Smith (First Applicant) Eugene Maxwell-Smith (Second Applicant) Steve Hall (First Respondent) S & E Hall Pty Ltd (Second Respondent) Hugo White (Third Respondent) Representation: Counsel: