Baffico v YMCA of Great Lakes Inc (No 2) [2014] NSWCA 171

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Baffico v YMCA of Great Lakes Inc (No 2) [2014] NSWCA 171 Hearing dates: Written submissions Decision date: 30 May 2014 Before: Ward JA at [1] Bergin CJ in Eq at [2] Tobias AJA at [19] Decision: 1. Set aside the costs order made by the Judicial Registrar on 5 April 2013. 2. Brydens Compensation Lawyers are to pay to the respondent the costs of and incidental to the hearings before the Judicial Registrar in the District Court on 29 November 2012; 6 December 2012; 29 January 2013; and 13 February 2013 as agreed or assessed. 3. The costs of the proceedings in the District Court are otherwise reserved for determination at the conclusion of the proceedings in the District Court. 4. The respondent is to pay 80% of the appellant's costs of the appeal as agreed or assessed. [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 appellant successful on appeal - where appellant in default of orders and directions in the lower court when proceedings dismissed - where solicitors for appellant at fault - appropriate costs order in the circumstances Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Baffico v YMCA of Great Lakes Inc [2014] NSWCA 61 Category: Costs Parties: Kylie Baffico (Appellant) YMCA of Great Lakes Inc (Respondent) Representation: Counsel: Mr R Sheldon SC/Ms L Welsh (Appellant) Ms J Lonergan SC/Mr S Flanigan (Respondent) Solicitors: Brydens Compensation Lawyers (Appellant) Piper Alderman Lawyers (Respondent) File Number(s): 2013/137834 2014/38268 Publication restriction: Nil Decision under appeal Citation: N/A Date of Decision: 2013-04-05 00:00:00 Before: Judicial Registrar Howard File Number(s): 2011/320452