MSPR Pty Ltd v Advanced Braking Technology Ltd (No 2) [2014] NSWCA 283

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: MSPR Pty Ltd v Advanced Braking Technology Ltd (No 2) [2014] NSWCA 283 Hearing dates: On the papers Decision date: 25 August 2014 Before: Macfarlan JA Ward JA Gleeson JA Decision: (1) Leave is granted pursuant to s 500(2) of the Corporations Act to continue these appeal proceedings against the first appellant. (2) Order pursuant to s 98(4)(c) of the Civil Procedure Act that the respondent is entitled to a specified gross sum in the amount of $260,848.87 in satisfaction of the costs orders in its favour at first instance and on appeal. (3) Declare that the amount of $130,950.00 held on account of security for costs in the Trust Account of Holman Webb Lawyers is held on trust for the respondent to partially satisfy the costs orders made at first instance and on appeal. (4) Order that Mr John Wakefield of Holman Webb Lawyers pay to the respondent the amount of $130,950.00 referred to in order (3) above. [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 - appellants ordered to pay appeal costs of respondent - respondent sought and obtained specified gross sum for costs - order made for payment to respondent of amount lodged as security for costs