Gales Holdings Pty Limited v Tweed Shire Council (No 2) [2013] NSWCA 458

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gales Holdings Pty Limited v Tweed Shire Council (No 2) [2013] NSWCA 458 Hearing dates: 5 June 2013 Decision date: 20 December 2013 Before: Emmett JA at [1]; Leeming JA at [17]; Sackville AJA at [18] Decision: (1) The appeal be allowed in part. (2) Vary order 1 of the orders made by the primary judge on 13 March 2012 by substituting "19 October 1999" for "4 May 2004". (3) The cross-appeal be allowed in part. (4) Set aside orders 2 and 3 made by the primary judge on 13 March 2012. (5) Gales Holdings Pty Limited (Gales) repay to Tweed Shire Council (the Council) the sum of $600,000.00. (6) Gales pay the Council interest on that sum of $600,000.00 at the rates set out in UCPR r 36.7(1) from the date that the Council paid that sum to Gales until the date of receipt by the Council of Gales' repayment in accordance with order 5 above. (7) The Council pay 40 per cent of Gales' costs of the appeal and the cross-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 - where both appeal and cross-appeal partially successful - whether costs orders of first instance proceedings should be altered Legislation Cited: Uniform Civil Procedure Rules 2005, rr 36.7(1), 42.34 Cases Cited: Gales Holdings Pty Limited v Tweed Shire Council [2013] NSWCA 382 Category: Costs Parties: Gale Holdings Pty Limited (Appellant) Tweed Shire Council (Respondent) Representation: Counsel: TF Robertson SC; M Green; JE Lazarus (Appellant) SR Donaldson SC; S Glascott (Respondent) Solicitors: Woolf Associates (Appellant) DLA Piper (Respondent) File Number(s): CA 2012/108238 Decision under appeal Jurisdiction: 9111 Citation: [2011] NSWSC 1128 Date of Decision: 2012-03-13 00:00:00 Before: Bergin CJ at Eq File Number(s): 2005/261912