Papas v Grave (No 2) [2013] NSWCA 398

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Papas v Grave (No 2) [2013] NSWCA 398 Hearing dates: On the papers Decision date: 29 November 2013 Before: Basten JA at [1]; Emmett JA at [2]; Sackville AJA at [9]. Decision: 1. Order 4 made on 23 September 2013 be varied to read as follows: "4. The appellants are to pay the respondents' costs in this Court up to and including 29 May 2013." 2. The appellants' motion filed on 30 September 2013 be otherwise dismissed. [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 costs - costs of further hearing Cases Cited: Papas v Grave [2013] NSWCA 308 State of New South Wales v Kable [2013] HCA 26; 298 ALR 144 Category: Principal judgment Parties: Peter Papas (First Appellant) Tami Papas (Second Appellant) Warwick Grave (First Respondent) Julianne Grave (Second Respondent) Representation: Counsel: R Newlinds SC; S Nash (appeared for First and Second Appellants) FG Kalyk (appeared for First and Second Respondents on 29 May 2013) BW Rayment QC (appeared for First and Second Respondents on 19 July 2013) Solicitors: Stephen Wawn & Associates (First and Second Appellants) Evangelos Patakas (First and Second Respondents) File Number(s): 2012/396878 Decision under appeal Citation: [2012] NSWSC 1461 Date of Decision: 2012-11-23 00:00:00 Before: Windeyer J File Number(s): 2011/301407