Bondi Beachside Pty Ltd v Chief Commissioner of State Revenue (No 2) [2014] NSWCA 128

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bondi Beachside Pty Ltd v Chief Commissioner of State Revenue (No 2) [2014] NSWCA 128 Hearing dates: On the papers Decision date: 16 April 2014 Before: Bathurst CJ at [1] Ward JA at [2] Tobias AJA at [31] Decision: 1. Notice of motion dismissed with costs. [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 - whether respondent should pay costs of first instance where appellant succeeds on appeal on a point not argued at first instance and respondent succeeded at first instance Legislation Cited: Duties Act 1997 Uniform Civil Procedure Rules 2005 Cases Cited: Aktas v Westpac Banking Corporation (No 2) [2010] HCA 47; (2010) 241 CLR 570 Bondi Beachside Pty Limited v Chief Commissioner of State Revenue [2013] NSWSC 21 Bondi Beachside Pty Limited v Chief Commissioner of State Revenue [2014] NSWCA 6 Brittain v Commonwealth of Australia (No 2) [2004] NSWCA 427 Great Gulf Company v Sutherland (1873) 4 AJR 164 Griffiths v Australian Broadcasting Corporation (No 2) [2011] NSWCA 145 Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service (No 2) [2011] NSWCA 171 Ohn v Walton (1995) 36 NSWLR 77 Snedden v Republic of Croatia (No 2) [2009] FCAFC 132 Wickstead v Browne [1992] NSWCA 272; (1992) 30 NSWLR 1 Texts Cited: G E Dal Pont, Law of Costs (3rd ed 2013, LexisNexis Butterworths Australia) Category: Costs Parties: Bondi Beachside Pty Ltd (First Appellant/First Cross-Respondent) Bondi Beachside Rebel Pty Ltd (Second Appellant/Second Cross-Respondent) Bondi Beachside Holdings Pty Ltd (Third Appellant/Third Cross-Respondent) Chief Commissioner of State Revenue (Respondent/Cross-Appellant) Representation: Counsel: