Cambridge v Anastasopoulos (No 2) [2013] NSWCA 213

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cambridge v Anastasopoulos (No 2) [2013] NSWCA 213 Hearing dates: On the papers Decision date: 12 July 2013 Before: Meagher JA at [1]; Barrett JA at [18]; Sackville AJA at [19] Decision: (1) Confirm orders (4), (5), (6) and (7) of the District Court made on 11 March 2011 in relation to the costs of those proceedings as between the first, second and third appellants and the respondent. (2) Order that the respondent pay 10 per cent of the costs of the appeal of the first and third appellants. (3) No order as to the costs of the appeal as between the second appellant and the respondent with the intent that each of those parties is to bear his own costs of the appeal. (4) Note that the costs in orders (2) and (3) do not include any costs which are the subject of existing orders with respect to interlocutory applications in the appeals. [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 - respondent succeeded against the three appellants at trial - appellants succeeded in having damages reduced on appeal - orders as to costs of trial and of appeal - no question of principle Legislation Cited: Civil Procedure Act 2005, s 100 Uniform Civil Procedure Rules 2005, rr 42.1, 42.35 Cases Cited: Bullock v London General Omnibus Co [1907] 1 KB 264 Cambridge v Anastasopoulos [2012] NSWCA 405 Sanderson v Blyth Theatre Co [1903] 2 KB 533 Category: Costs Parties: Stephen Paul Cambridge (First Appellant) James Liascos (Second Appellant) Gregory John Hodges (Third Appellant) Peter Anastasopoulos (Respondent) Representation: Counsel: Dr A S Morrison SC, Ms P M Clingan (First Appellant) Mr J R Young (Second Appellant) Mr J Jobson (Third Appellant) Mr A Joseph (Respondent) Solicitors: Macquarie Lawyers Burwood, Concord (First and Third Appellants) G&S Law Group, Parramatta (Second Appellant) George Gourlas Lawyer, Cronulla (Respondent) File Number(s): 2009/337501 Decision under appeal Jurisdiction: 9101 Before: Balla DCJ File Number(s): 2009/4475