Trad v Harbour Radio Pty Ltd [2016] NSWCA 80

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Trad v Harbour Radio Pty Ltd [2016] NSWCA 80 Hearing dates: 11 April 2016 Decision date: 18 April 2016 Before: McColl JA at [1]; Basten JA at [2]; Ward JA at [53] Decision: (1) The applicant be granted an extension of time up to 18 August 2015 within which to serve his application for leave to appeal.

(2) Grant leave to appeal and direct that within seven days the appellant file his draft notice of appeal dated 14 August 2014.

(3) Allow the appeal and set aside the orders made by Wilson J on 2 March 2015; in place thereof:

(a) set aside the judgment entered on 29 January 2015; (b) order that Harbour Radio pay 50% of Mr Trad's costs in the Common Law Division.

(4) On the motion filed by Harbour Radio, order that the plaintiff pay the defendant's costs of the trial to be assessed on the ordinary basis up to 5 November 2007 and thereafter on an indemnity basis.

(5) Each party pay its own costs of the proceedings in this Court. Catchwords: COSTS – appeal – civil – interpretation of orders as to costs – validity of certificate of costs assessor – status of certificate where enforcement of costs order stayed pending outcome of appeal

PRACTICE AND PROCEDURE – judgments – orders for costs of trial set aside on appeal – remitter from High Court – no subsequent order made – whether new order can be made as to costs of trial under slip rule, Uniform Civil Procedure Rules 2005 (NSW), r 36.17 – whether court can make further order which should have been made when judgment delivered