The Australian Special Opportunity Fund LP v Equity Trustees Wealth Services Ltd (No 2) [2015] NSWCA 294

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The Australian Special Opportunity Fund LP v Equity Trustees Wealth Services Ltd (No 2) [2015] NSWCA 294 Hearing dates: On the papers Date of orders: 29 September 2015 Decision date: 29 September 2015 Before: Bathurst CJ; Macfarlan JA; Emmett JA Decision: Set aside Orders (3), (6) and (7) made by Black J on 25 August 2014. Order that: The costs referable to the determination of the cross-claim, dated 9 April 2014, filed by the appellant, be determined by the judge hearing the appellant's claim for damages or equitable compensation referred to in Order (2) of the orders made by this Court on 11 August 2015. The respondent pay 50% of the appellant's costs of the appeal. Catchwords: COSTS – appeal – costs on appeal where appellant successful on some grounds of appeal but not others – costs for proceedings below where proceedings remitted Category: Costs Parties: The Australian Special Opportunity Fund, LP (Appellant) Equity Trustees Wealth Services Limited (Formerly ANZ Trustees Limited) (Respondent) Representation: Counsel: IM Jackman SC / MR Hall SC (Appellant) CM Scerri QC / HNG Austin (Respondent)

Solicitors: Squire Patton Boggs (Appellant) Ashurst Australia (Respondent) File Number(s): 2014/00276461 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division – Corporations List Citation: [2014] NSWSC 813 Date of Decision: 19 June 2014 Before: Black J File Number(s): 2013/377450