The Nominal Defendant v Ross (No 2) [2014] NSWCA 370

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The Nominal Defendant v Ross (No 2) [2014] NSWCA 370 Hearing dates: On the papers Decision date: 31 October 2014 Before: Beazley P at [1] Meagher JA at [1] Hoeben JA at [1] Decision: Make the following orders in addition to those made in The Nominal Defendant v Ross [2014] NSWCA 212. (3) The respondent is to pay 30 percent of the appellant's costs of the appeal. (4) That the respondent have a certificate under s 6 of the Suitors' Fund Act 1951 if otherwise qualified. [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 - costs of appeal - general rule that 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 appropriate. Legislation Cited: Civil Procedure Act 2005 - s98 Suitors Fund Act 1951 - s6(2) Uniform Civil Procedure Rules 2005 - r42.1 Cases Cited: Elite Protective Personnel Pty Ltd v Salmon (No 2) [2007]NSWCA 373 James & Ors v Surf Road Nominees Pty Limited & Ors (No 2) [2005] NSWCA 296 Seller v Jones [2014] NSWCA 19 The Council of the NSW Bar Association v Nash [2013] NSWCA 466 The Nominal Defendant v Ross [2014] NSWCA 212 Category: Costs Parties: The Nominal Defendant - Appellant Ysaiah Ross - Respondent Representation: Counsel: Mr K Rewell SC/Mr W Fitzsimmons - Appellant Mr R Sheldon SC/Ms E Welsh - Respondent Solicitors: McCourts Solicitors - Appellant Brydens Law Office LP - Respondent File Number(s): 2013/248126 Decision under appeal Citation: [2013] NSWDC 110 Date of Decision: 2013-07-19 00:00:00 Before: Levy SC DCJ File Number(s): 2011/157874