Minogue v Rudd (No 2) [2013] NSWCA 384

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Minogue v Rudd (No 2) [2013] NSWCA 384 Hearing dates: On the papers Decision date: 18 November 2013 Before: Macfarlan JA at [1] Hoeben JA at [6] Emmett JA at [7] Decision: (1) Order the appellant to pay the respondent's costs of the appellant's appeal. (2) Order the respondent to pay the costs of DMW Carpentry Services Pty Ltd ("DMW") of the respondent's and DMW's cross-appeals. [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 - appeal - respondent to appeal who was a defendant below cross-appealed against another defendant who was not a respondent to the appeal - that defendant then cross-appealed against the respondent - merits of cross-appeals not determined due to failure of plaintiff's appeal - respondent ordered to pay costs of cross-appeals Category: Costs Parties: Paul Timothy Minogue (Appellant) David Jonathan Rudd t/as Rudd & Co Construction Pty Ltd (Respondent/Cross-Appellant/Second Cross-Respondent) DMW Carpentry Services Pty Ltd (Cross-Respondent/Second Cross-Appellant) Representation: Counsel: B J Gross QC/R Harrington (Appellant) G M Watson SC/D A Lloyd (Respondent/ Cross-Appellant/Second Cross-Respondent) D Hooke SC/S Maybury (Cross-Respondent/Second Cross-Appellant) Solicitors: Carroll & O'Dea (Appellant) Wotton Kearney Lawyers (Respondent/ Cross-Appellant/Second Cross-Respondent) Edwards Michael Lawyers (Cross-Respondent/Second Cross-Appellant) File Number(s): CA 2012/149952 Decision under appeal Jurisdiction: 9111 Citation: Minogue v Rudd [2012] NSWSC 305 Date of Decision: 2012-04-12 00:00:00 Before: Adamson J File Number(s): SC 2008/289464