Berkeley Challenge Pty Ltd v Howarth (No 2) [2013] NSWCA 429

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Berkeley Challenge Pty Ltd v Howarth (No 2) [2013] NSWCA 429 Hearing dates: On the papers Decision date: 13 December 2013 Before: Basten JA; Meagher JA; Tobias AJA Decision: Order the respondent to pay 50% of the appellant's costs of the appeal. [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 - exception to the general rule that costs follow the event - challenge to assessment of damages - multiple issues - partial success - apportionment - question of degree of success of each party Legislation Cited: Workers Compensation Act 1987 (NSW), s 151Z Category: Costs Parties: Berkeley Challenge Pty Ltd (First Appellant) Peel Valley Exporters Pty Limited (Second Appellant) Christopher Howarth (Respondent) Representation: Counsel:

Mr G M Watson SC and Ms J Chapman (Appellants) Mr P J Doherty SC and Mr P J O'Connor (Respondent) Solicitors:

Yeldham Price O'Brien Lusk (Appellants) R J O'Halloran & Co (Respondent) File Number(s): CA 2012/106712 Decision under appeal Jurisdiction: 9101 Citation: Christopher Howarth v Spotless Group Limited and Ors [2012] NSWDC 25 Date of Decision: 2012-03-23 00:00:00 Before: Sidis DCJ File Number(s): DC 2010/336491