T & T Investments Australia Pty Limited v CGU Insurance Limited [2016] NSWCA 16

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: T & T Investments Australia Pty Limited v CGU Insurance Limited [2016] NSWCA 16 Hearing dates: 10 February 2016 Decision date: 10 February 2016 Before: Beazley P; Meagher JA; Sackville AJA Decision: 1 Vacate the hearing listed for today, Wednesday 10 February 2016;

2. The appellant pay the respondent's costs thrown away in consequence of order (1), on the ordinary basis;

3. The Court assesses the respondent's costs thrown away in the sum of $12,000;

4. The Court directs that the sum of $12,000 be paid to the respondent's solicitors in satisfaction of order (2), out of the amount of $25,000 paid into court as security for the appeal;

5. Direct the appellant to pay into court a further sum of $12,000 within 28 days of today's date as further security for the costs of appeal;

6. Direct that the appeal be stayed pending provision of security by the appellant in accordance with order (5);

7. Direct the appellant, within 14 days of providing the further security for costs, to apply to the Registrar to list the appeal for further directions;

8. Note that the parties are agreed that the appeal is as of right and the matter is to proceed on that basis. Catchwords: PRACTICE AND PROCEDURE – application for adjournment – application made on the day of hearing

COSTS – where applicant sought adjournment on the day of hearing – proceedings adjourned – costs thrown away by adjournment – whether indemnity costs should be awarded – costs assessed on a lump sum basis