WB Jones Staircase & Handrail Pty Ltd v Richardson & Ors (No 2) [2014] NSWCA 236

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: WB Jones Staircase & Handrail Pty Ltd v Richardson & Ors (No 2) [2014] NSWCA 236 Hearing dates: On the papers Decision date: 18 July 2014 Before: Beazley P at [1] Hoeben JA at [2] Leeming JA at [17] Decision: (1) In lieu of the orders made by Judge Cogswell SC on 11 July 2012 an additional order be made: (ix) Each of the defendants is to bear the plaintiff's costs of the proceedings as to 25 percent by Mirvac, as to 25 percent by WB Jones and as to 50 percent by JMKG but otherwise each defendant is to bear its own costs of the proceedings. (2) The appellants are to bear the first respondent's (Peter Richardson) costs of the appeals as follows: (i) In matter 2012/245212 WB Jones is to bear 25 percent, Mirvac 25 percent and JMKG 50 percent of Mr Richardson's costs of the appeal, and otherwise to bear their own costs of the appeal. (ii) In matter 2012/246067 WB Jones is to bear 25 percent, Mirvac 25 percent and JMKG 50 percent of Mr Richardson's costs of the appeal, and otherwise to bear their own costs of the appeal. (iii) In matter 2013/116979 WB Jones is to bear 25 percent, Mirvac 25 percent and JMKG 50 percent of Mr Richardson's costs of the appeal, and otherwise to bear their own costs of the appeal. [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 - three appellants appealed findings as to liability, apportionment and damages in District Court - two appellants successful on apportionment but otherwise appeals dismissed - dispute between appellants as to costs consequences - costs in District Court and of appeal to reflect apportionment findings made on appeal. Cases Cited: WB Jones Staircase & Handrail Pty Ltd v Richardson & Ors [2014] NSWCA 127 Category: Costs Parties: 2012/245212 WB Jones Staircase & Handrail Pty Ltd - Appellant Peter Richardson - First Respondent Mirvac Constructions Pty Ltd - Second Respondent JMKG Pty Ltd - Third Respondent