Galafassi v Kelly (No 2) [2014] NSWCA 239

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Galafassi v Kelly (No 2) [2014] NSWCA 239 Hearing dates: On the papers (last submissions received 14 July 2014) Decision date: 24 July 2014 Before: Bathurst CJ; Ward JA; Gleeson JA Decision: (1) The respondent repay to the appellants the sum of $74,515.77. (2) The appellants pay 90% of the respondent's 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: PRACTICE AND PROCEDURE - Costs - Costs of appeal - General rule - Costs follow the event - Departing from the general rule - Where there has been a mixed outcome in the proceedings - Global view of the outcome of proceedings should be taken PRACTICE AND PROCEDURE - Costs - Costs in the Court below - General rule - Costs follow the event PRACTICE AND PROCEDURE - Costs -Interest under s101(4) Civil Procedure Act -Entitlement Legislation Cited: Civil Procedure Act 2005 (NSW) s 98, s101 Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Category: Costs Parties: David Galafassi (First appellant) Toni Galafassi (Second appellant) Susan Kelly (Respondent) Representation: Counsel: J Stoljar SC with J C Hewitt (Appellants) B A Coles QC with C G Carroll (Respondent) Solicitors: YBR Solicitor (Appellants) Osborne Lawyers (Respondent) File Number(s): 2013/193244 Publication restriction: No Decision under appeal Jurisdiction: 9111 Citation: Kelly v Galafassi [2013] NSWSC 680 Date of Decision: 2013-05-31 00:00:00 Before: Windeyer AJ File Number(s): 2012/21377