St George Bank - A Division of Westpac Banking Corporation (formerly St George Bank Ltd) v Jin [2013] NSWCA 306

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: St George Bank - A Division of Westpac Banking Corporation (formerly St George Bank Ltd) v Jin [2013] NSWCA 306 Hearing dates: 29 August 2013 Decision date: 29 August 2013 Before: Meagher JA at [1]; Leeming JA at [2] Decision: Leave to appeal refused, with costs. [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 - application for leave to appeal from order as to costs - principles governing costs discretion in multiparty litigation - no error of principle shown - leave refused Legislation Cited: Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: ACQ v Cook (No 2) [2008] NSWCA 306 Bullock v London General Omnibus Company [1907] 1 KB 264 Commissioner of Taxation v Sims [2008] NSWCA 298; (2008) 72 NSWLR 716 Commonwealth of Australia v Gretton [2008] NSWCA 117 Council of the City of Botany Bay v Michos [2013] NSWCA 244 Council of the City of Liverpool v Turano [No 2] [2009] NSWCA 176 Edginton v Clark [1964] 1 QB 367 Gould v Vaggelas (1984) 157 CLR 215 House v The King (1936) 55 CLR 499 Latoudis v Casey (1990) 170 CLR 534 Mead v Watson as Liquidator for Hypec Electronics [2005] NSWCA 133 Ohn v Walton (1995) 36 NSWLR 77 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Sanderson v Blyth Theatre Co [1903] 2 KB 533 Category: Principal judgment Parties: St George Bank - A Division of Westpac Banking Corporation (formerly St George Bank Ltd) (Applicant) Wenguo Jin (First Respondent) Xiongying Li (Second Respondent) Representation: Counsel: J Kirk SC with P Newton (Applicant) A A Henskens SC with D W Robertson (First Respondent) Solicitors: Kemp Strang Lawyers (Applicant) Polczynski Lawyers (First Respondent) File Number(s): 2013/136109 Decision under appeal Citation: [2013] NSWSC 291 Date of Decision: 2013-04-05 00:00:00 Before: Adams J File Number(s): 2007/260695