Taylor v Owners - Strata Plan No 11564 (No 2) [2013] NSWCA 153

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Taylor v Owners - Strata Plan No 11564 (No 2) [2013] NSWCA 153 Hearing dates: On the papers Decision date: 05 June 2013 Before: McColl JA; Basten JA; Hoeben JA Decision: (1) Vary order 4 made on 18 March 2013 so that it reads: Appellant to pay one set of costs to the first four and sixth respondents in respect of the application for leave to appeal and the appeal. (2) Costs payable pursuant to order (1) above to the first four and sixth respondents shall not include the cost of the undated document entitled "First to Fourth and Sixth Respondents' Response to Applicant's Supplementary Submissions" which were not relied upon at the hearing. (3) Order the first four and sixth respondents to pay the appellant's costs of this 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 - varying order - whether applicant should pay only one set of costs - where multiple respondents represented separately - where respondents' interests at odds in main proceedings - where costs order related to appeal on discrete question - where respondents' interests identical on discrete question - where applicant gave advance notice of objection to more than one set of costs - where objection not raised before trial judge - Uniform Civil Procedure Rules, r 51.4 Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 51.4 Cases Cited: Credit Lyonnais Australia Ltd v Darling (1991) 5 ACSR 703 Milillo v Konnecke [2009] NSWCA 109; 2 ASTLR 235 Statham v Shephard (No 2) (1974) 23 FLR 244 Taylor v Owners - Strata Plan No 11564 [2013] NSWCA 55 Category: Procedural and other rulings Parties: Susan Joy Taylor in her own capacity and for and on behalf of the dependants of the late Craig Taylor (Applicant)