Golden v V’landys (No 2) [2016] NSWCA 350

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Golden v V'landys (No 2) [2016] NSWCA 350 Hearing dates: On the papers Decision date: 13 December 2016 Before: McColl JA; Leeming JA; Payne JA. Decision: (1) The respondents pay 40 per cent of the appellant's costs of the trial as agreed or assessed.

(2) The motion dated 21 November 2016 filed by Mr V'landys be dismissed as incompetent. Catchwords: COSTS – appeal allowed in part – costs of trial – appropriate costs order where a number of issues at trial not ventilated on appeal

COSTS – application to vary costs order made in the appeal – application made out of time – motion incompetent Legislation Cited: Civil Procedure Act 2005 (NSW) ss 98, 101 Uniform Civil Procedure Rules 2005 (NSW) r 36.11, 36.16 Cases Cited: Bartlett v Australia & New Zealand Banking Group Ltd (No 2) [2016] NSWCA 142 Monie v Commonwealth of Australia (No 2) [2008] NSWCA 15 Tomanovic v Global Mortgage Equity Corporation (No 2) [2011] NSWCA 256; (2011) 288 ALR 385 Category: Costs Parties: Joseph Golden (applicant) Peter V'landys (first respondent) Racing New South Wales (second respondent) Representation: Counsel: A Crossland (applicant) G Connellan (first respondent) H El-Hage (second respondent)

Solicitors: Moray & Agnew Lawyers (first respondent) DLA Piper Australia (second respondent) File Number(s): 2015/362606 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Division Citation: [2015] NSWSC 1709 Date of Decision: 17 November 2015 Before: Adamson J File Number(s): 2013/140063