DSG Holdings Australia Pty Ltd v Helenic Pty Ltd (No 2) [2014] NSWCA 142

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: DSG Holdings Australia Pty Ltd v Helenic Pty Ltd (No 2) [2014] NSWCA 142 Hearing dates: On the papers Decision date: 13 May 2014 Before: Meagher JA; Leeming JA; Bergin CJ in Eq Decision: 1. The first and second appellants pay the respondents' costs of these proceedings as agreed or assessed. 2. To the extent that the costs of the first and second respondents (as agreed or assessed) are not recovered from the first or second appellant, those costs be costs in the winding up of the third respondent. [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: PRACTICE AND PROCEDURE - costs - costs following the event - no order for interest on costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 101 Cases Cited: Drummond and Rosen Pty Ltd v Easey (No 2) [2009] NSWCA 331 Illawarra Hotel Company Pty Ltd v Walton Construction Pty Ltd (No 2) [2013] NSWCA 211; 84 NSWLR 436 Zepinic v Chateau Constructions (Aust) Ltd (No 2) [2014] NSWCA 99 Category: Costs Parties: DSG Holdings Australia Pty Ltd (first applicant) Bicheno Investments Pty Ltd (second applicant) Helenic Pty Ltd (first respondent) JFK Group Company Ltd (second respondent) Retail Adventures Pty Ltd (in liquidation) (third respondent) Vaughan Neil Strawbridge, John Lethbridge Greig and David John Frank Lombe as liquidators of the third and fifth respondents (fourth and sixth respondents) Retail Administrators Holdings Pty Ltd (in liquidation) (fifth respondent) Representation: Counsel: P Crutchfield SC with E Holmes and F Maher (applicants) CRC Newlinds SC with V Whittaker (first and second respondents) R Dick SC with L Livingston (fourth and sixth respondents) Solicitors: Russells (applicants) Colin Biggers & Paisley (first and second respondents) Herbert Smith Freehills (fourth and sixth respondents) File Number(s): 2014/22696; 2014/40100 Decision under appeal Jurisdiction: 9111 Citation: [2013] NSWSC 1973 Date of Decision: 2013-12-23 00:00:00 Before: Robb J File Number(s): 2013/273639