Bird v Ford [2013] NSWCA 323

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bird v Ford [2013] NSWCA 323 Hearing dates: 23 September 2013 Decision date: 23 September 2013 Before: Tobias AJA Decision: 1. Dismiss the applicant's notice of motion filed on 16 August 2013 other than para 1 thereof. 2. Order that the applicant is to pay Ms Bird's costs of the notice of motion as and from 8 September 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: PROCEDURE - security for costs - costs of appeal - no special circumstances Legislation Cited: Family Law Act 1975 (Cth)

Uniform Civil Procedure Rules rr 51.4(3), 51.50 Cases Cited: Ballard v Brookfield Australia Investments Ltd [2012] NSWCA 434 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Marks-Isaacs v Fowler & Ors [2005] NSWCA 37 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Category: Interlocutory applications Parties: Vrede Jane Bird (Appellant) David Clifton Ford (First Respondent) Gary Cedric Pritchard (Second Respondent) Representation: Counsel: Mr M Langenheim (Appellant) Mr G P Craddock SC (Respondents) Solicitors: John Stonham & Co Lawyers (Appellant) Mullane & Lindsay Solicitors (Respondents) File Number(s): 2013/125008 Decision under appeal Citation: [2013] NSWSC 264 Date of Decision: 2013-03-28 00:00:00 Before: Schmidt J File Number(s): 2010/232539