Mainteck Services Pty Ltd v Stein Heurtey SA (No 2) [2014] NSWCA 214

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mainteck Services Pty Ltd v Stein Heurtey SA (No 2) [2014] NSWCA 214 Hearing dates: On the papers Decision date: 03 July 2014 Before: Ward JA; Emmett JA; Leeming JA Decision: 1. Mainteck pay the respondents' costs of the appeal (a) on an ordinary basis in respect of costs incurred on or before 30 October 2013 and in respect of its application for special costs orders, and (b) on an indemnity basis in respect of costs incurred after 30 October 2013, save for its costs in respect of its application for special costs orders. 2. Remit, pursuant to s 51(4) of the Supreme Court Act 1970 (NSW), to the Equity Division the questions whether the costs orders the subject of order 1 above should be the subject of a gross sum costs order under s 98(4) of the Civil Procedure Act and, if so, what the gross sum should be. [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 - application for indemnity costs following Calderbank letters - application for gross sum costs order Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Supreme Court Act 1970 (NSW), s 51 Cases Cited: Hamod v State of New South Wales [2011] NSWCA 375 Rosebanner Pty Ltd v EnergyAustralia (No 2) [2011] NSWCA 150 Category: Costs Parties: Mainteck Services Pty Ltd (Appellant) Stein Heurtey SA (First Respondent) Stein Heurtey Australia Pty Ltd (Second Respondent) Representation: Counsel: F Corsaro SC / F Kalyk (Appellant) P Taylor SC / JTG Gibson (First and Second Respondents) Solicitors: Piper Alderman (Appellant) Jones Day (First and Second Respondents) File Number(s): 2013/125562 Decision under appeal Citation: [2013] NSWSC 266 Date of Decision: 2013-05-31 00:00:00 Before: Sackar J File Number(s): 2007/266650