Nu Line Construction Group Pty Ltd v Fowler (No 2) [2014] NSWCA 188

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nu Line Construction Group Pty Ltd v Fowler (No 2) [2014] NSWCA 188 Hearing dates: On the papers Decision date: 12 June 2014 Before: Basten JA at [1]; Barrett JA at [28]; Young AJA at [29] Decision: (1) Vary orders (2), (4) and (5) so that in each case the word "respondent" is replaced with "respondents". (2) Further vary order (4) to provide - (a) Set aside the orders as to costs made by the trial judge on 18 July 2012 and in their place order that the defendants pay the plaintiff (Nu Line) 57.5% of its allowable costs in the Equity Division. (b) Order that the respondents pay the appellant's costs in this Court. (3) No order as to the costs of the motion of 2 May 2014. [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 - entry of judgment and orders - application of slip rule - orders referred to respondent in the singular - application to amend orders to refer to "respondents" - Uniform Civil Procedure Rules 2005 (NSW), r 36.17

PRACTICE AND PROCEDURE - costs - trial judge awarded costs to respondent for expenses incurred from delay by the appellant - whether costs order should be interfered with - application by respondent to vary the costs of the appeal - whether costs should be ordered for the notice of motion Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 36.17 Cases Cited: Nu Line Construction Group Pty Ltd v Fowler [2014] NSWCA 51 Category: Consequential orders Parties: Nu Line Construction Group Pty Ltd (Appellant) Peter Fowler (First Respondent) Gabriella Grippaudo (Second Respondent) Representation: Counsel: Mr T S Hale SC/Mr B R Kremer (Appellant) Mr H W M Stitt (Respondents) Solicitors: Diamond Conway (Appellant) Hunter Lawyers (Respondents) File Number(s): CA 2012/203010 Decision under appeal Jurisdiction: 9111 Citation: [2012] NSWSC 587; [2012] NSWSC 816 Before: Ward J File Number(s): 2008/280834