NL v AL [2013] NSWCA 224

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: NL v AL [2013] NSWCA 224 Hearing dates: 7 May 2013 Decision date: 22 July 2013 Before: Meagher JA (at [1]; Barrett JA (at [2]); Emmett JA (at [35]) Decision: 1. Appeal allowed in part. 2. Vary the costs orders of 22 May 2012 by adding the following Order 1(v): "(1)(v). The costs ordered by Orders (1)(iii) and (1)(iv) exclude costs of or incidental to A's abandoned collateral agreement claim, including the costs of the pleading and any evidence prepared by A in relation to that claim relied upon at the hearing, but not including any time occupied in relation to that issue at the hearing." 3. That the appellant pay the respondent's costs of the appeal. [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 - costs - appeal against certain costs orders including for assessment on an indemnity basis - whether discretion as to costs miscarried - no issue of principle Cases Cited: A v N [2012] NSWSC 354 A v N [2012] NSWSC 549 Calderbank v Calderbank [1975] 3 WLR 586 Fowdh v Fowdh (unreported, NSWCA, 4 November 1993) House v R [1936] HCA 40; (1936) 55 CLR 499 Rolls Royce Industrial Power (Pacific) Ltd v James Hardie & Coy Pty Ltd [2001] NSWCA 461; (2001) 53 NSWLR 626 Category: Principal judgment Parties: NL - Appellant AL - Respondent Representation: S S Ahmed - Appellant A F Fernon - Respondent Buttar, Caldwell & Co - Appellant O'Neill Marengo - Respondent File Number(s): 2012/191510 Decision under appeal Citation: [2012] NSWSC 549 Date of Decision: 2012-05-22 00:00:00 Before: Ward J File Number(s): 2009/287664