Dial D Pty Ltd as trustee for the Smith Street Unit Trust v Kingston Building (Australia) Pty Ltd (No 2) [2013] NSWCA 295

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dial D Pty Ltd as trustee for the Smith Street Unit Trust v Kingston Building (Australia) Pty Ltd (No 2) [2013] NSWCA 295 Hearing dates: On the papers Decision date: 04 September 2013 Before: Ward JA at [1]; Leeming JA at [15]; Tobias AJA at [16] Decision: 1. Subject to order 2, there be no order as to the costs of the appeal. 2. The appellant pay the respondent's costs of the Notice of Motion filed 27 March 2013. [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 - both parties enjoyed measure of success on appeal - no order as to costs - no occasion to alter costs order at first instance Legislation Cited: Uniform Civil Procedure Rules 2005 Category: Costs Parties: Dial D Pty Ltd as trustee for the Smith Street Unit Trust (Appellant) Kingston Building (Australia) Pty Ltd (Respondent) Representation: Counsel: F Corsaro SC with F G Kalyk (Appellant) F P Hicks (Respondent) Solicitors: Keystone Lawyers (Appellant) Moray & Agnew Lawyers (Respondent) File Number(s): CA 13/077168 Decision under appeal Citation: Kingston Building (Australia) Pty Ltd v Dial D Pty Ltd as trustee for the Smith Street Unit Trust [2013] NSWSC 173 Date of Decision: 2013-03-05 00:00:00 Before: Stevenson J File Number(s): SC 13/027998