Hillam v Iacullo [2016] NSWCA 1

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hillam v Iacullo [2016] NSWCA 1 Hearing dates: On the papers Decision date: 03 February 2016 Before: Basten JA at [1]; Ward JA at [2]; Leeming JA at [3] Decision: 1. The notice of motion filed 24 July 2015 be dismissed with costs. Catchwords: COSTS – Court of Appeal allowed appeal, set aside orders made by the primary judge and ordered that the proceedings brought by the plaintiffs be dismissed with costs – plaintiffs applied for favourable costs order at first instance – plaintiffs had succeeded in summary judgment application prior to trial – plaintiffs had recovered part of amount sought from defendant prior to and during the trial – plaintiffs claimed they were forced to bring proceedings in order to recover any amount lent by them – only issues at trial were issues upon which the plaintiffs failed – no occasion to make costs order by reference to issues – plaintiffs had benefit of costs order for summary judgment application – application to vary costs order dismissed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Hillam v Iacullo [2015] NSWCA 196 Iacullo v Hillam [2014] NSWSC 1021 Category: Costs Parties: John Hillam (Appellant; Respondent on the motion) Dominic Iacullo (First Respondent; First Applicant on the motion) Lillian Iacullo (Second Respondent; Second Applicant on the motion) Representation: Counsel: DE Perrignon (Appellant; Respondent on the motion) DA Smallbone (Respondents; Applicants on the motion)