Gladio Pty Ltd v Buckworth [2016] NSWCA 321

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gladio Pty Ltd v Buckworth [2016] NSWCA 321 Hearing dates: 19 October 2016 Date of orders: 19 October 2016 Decision date: 24 November 2016 Before: McColl JA, Sackville AJA, Emmett AJA Decision: Application for leave to appeal dismissed with costs Catchwords: COSTS – claim for declaration that contract validly rescinded – success in proceedings below but each party ordered to pay own costs – application of UCPR, r 42.34 – whether continuation of proceedings in Supreme Court warranted when District Court did not have jurisdiction to make declaration – whether the ground of denial of procedural fairness had sufficient prospects of success where the issue of costs was decided on the papers – whether there had been any substantial injustice resulting from the orders made by the primary judge – if Court of Appeal re-exercised any discretion, whether there was any real prospect that a substantial order for costs would have been made in favour of the applicant – whether the re-exercise of the court's discretion would result in a different outcome concerning the applicant's request for a Bullock order Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 Fair Trading Act 1987 (NSW) Frustrated Contracts Act 1978 (NSW)

Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Buckworth v Gladio Pty Ltd [2016] NSWCA 54 Gladio Pty Ltd v Buckworth [2015] NSWSC 922 Gladio Pty Ltd v Buckworth (No 2) [2015] NSWSC 1462 La La Land Byron Bay Pty Ltd v The Independent Liquor and Gaming Authority [2015] NSWCA 254 Category: Principal judgment Parties: Gladio Pty Limited (Applicant) Virginia Louise Buckworth (Respondent) Representation: Counsel: Mr G Lucarelli (Applicant) Mr D E Grieve QC (Respondent)