Mitchell v Leafs Gully Farm Pty Ltd (No 2) [2016] NSWCA 121

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mitchell v Leafs Gully Farm Pty Ltd (No 2) [2016] NSWCA 121 Hearing dates: On the papers Decision date: 23 May 2016 Before: Beazley P; Leeming JA; Payne JA Decision: 1. Subject to (3) below, the appellant (Mr Mitchell) is to pay the costs of the first respondent (LGF) of this appeal as agreed or assessed, such costs not to include amounts LGF is required to pay pursuant to (2) below.

2. LGF is to pay the costs of the second respondent (AGL Power) of this appeal as agreed or assessed.

3. LGF is to pay the costs of Mr Mitchell and AGL Power in respect of the application for costs. Catchwords: COSTS – appellant made no submissions in relation to, and sought no orders against, one respondent to an appeal – the other respondent made contingent claim against the respondent in the event the appeal was allowed – appeal dismissed – contingent claim not addressed – whether Bullock or Sanderson order ought be made Category: Costs Parties: Richard Gordon Mitchell (Appellant) Leafs Gully Farm Pty Ltd (First Respondent) AGL Power Generation Pty Ltd (Second Respondent) Representation: Counsel: BA Coles QC, PT Russell (Appellant) RG McHugh SC, J Hutton (First Respondent) AP Lo Surdo SC, DR Meltz (Second Respondent)

Solicitors: Ashurst Australia Lawyers (Appellant) Gadens Lawyers (First Respondent) Herbert Smith Freehills (Second Respondent) File Number(s): 2015/315247 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Citation: [2015] NSWSC 1460 Date of Decision: 07 October 2015 Before: Lindsay J File Number(s): 2014/10856