Ziliotto v Hakim [2013] NSWCA 359

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ziliotto v Hakim [2013] NSWCA 359 Hearing dates: 29 August 2013 Decision date: 31 October 2013 Before: Basten JA at [1]; Macfarlan JA at [24]; Tobias AJA at [25] Decision: (1) Extend the time in which the Respondent may file his Notice of Contention to the date being seven days from the publication of these reasons; (2) Appeal allowed in part; (3) Set aside Order (1) made by Davies J on 24 July 2012 and in lieu thereof judgment for the Appellant in the sum of $1,528,385; (4) Set aside Order (2) made by Davies J on 24 July 2012 as varied on 19 September 2012 and in lieu thereof order that the Respondent pay the Appellant's costs at first instance on an ordinary basis up to and including 7 April 2011 and that thereafter there be no order as to the costs of the proceedings other than in relation to the Respondent's costs thrown away by reason of the adjournment granted on 22 June 2011, such costs to be paid by the Appellant; (5) The Respondent pay 60 per cent of the Appellant's costs of the appeal but have a certificate under the Suitors' Fund Act 1951, if otherwise qualified. [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: APPEAL - adequacy of reasons - conflicting testimony of experts - explanation required for adopting preferred opinion - whether need to address 'sub-issues' - need to balance transparency and prolixity