Richards v Gray No 2 [2014] NSWCA 83

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Richards v Gray No 2 [2014] NSWCA 83 Hearing dates: On the papers Decision date: 28 March 2014 Before: Bathurst CJ at [1], Beazley P at [27], McColl JA at [28], Basten JA at [29], Meagher JA at [30] Decision: (1)Set aside Orders 1A, 6 and 7 of the orders made by the primary judge and entered on 16 December 2011. (2)The defendant pay any part of the judgment amount not yet paid to the Trust Company Limited pursuant to s 77(3)(b) of the Uniform Civil Procedure Act 2005 (NSW). (3)Set aside the order for costs made by the primary judge contained in par [38] of her judgment of 13 April 2012 and in lieu thereof make the following orders: (a)Subject to subpars (b) and (c) hereof, order that the defendant pay the plaintiff's costs of the proceedings. (b)Order that the plaintiff pay the defendant's costs of and incidental to the hearing of 16 August 2011. (c)Order that the defendant pay one half of the plaintiff's costs of the proceedings from 19 August 2011 to 8 December 2011. (d)Order that the respondent pay 50% of the appellant's costs of the appeal. (e)If eligible the respondent be granted a certificate under s 6B(2) of the Suitor's Fund Act 1951. (f)Cross-appeal dismissed. (g)Order that the respondent pay the appellant's costs of 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 - trial costs - discretion of trial judge COSTS - appeal costs - general rule that costs follow event - multiple issues - partial success - apportionment Legislation Cited: Suitor's Fund Act 1951 (NSW), s 6B(2) Uniform Civil Procedure Act 2005 (NSW), s 77(3)(b) Cases Cited: Gray v Richards [2011] NSWSC 877 Gray v Richards (No 3) [2012] NSWSC 344 Richards v Gray [2013] NSWCA 402 Texts Cited: - Category: Costs Parties: Corey Richards (Appellant/Cross Respondent) Rhiannon Gray by her Tutor Kathleen Anne Gray (Respondent/Cross Appellant) Representation: Counsel: P J Deakin QC / B A P Kelleher (Appellant / Cross Respondent) Dr A S Morrison SC / I J McGillicuddy (Respondent / Cross Appellant) Solicitors: T L Lawyers (Appellant / Cross Respondent) Beilby Poulden Costello (Respondent/ Cross Appellant) File Number(s): 2012/9520 Publication restriction: - Decision under appeal Jurisdiction: 9111 Citation: Gray v Richards [2011] NSWSC 877 Gray v Richards (No 2) [2011] NSWSC 1502 Gray v Richards (No 3) [2012] NSWSC 344 Before: McCallum J File Number(s): 2009/338685