Pel-Air Aviation Pty Ltd v Casey (No 2) [2017] NSWCA 92

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Pel-Air Aviation Pty Ltd v Casey (No 2) [2017] NSWCA 92 Hearing dates: On the papers Decision date: 10 May 2017 Before: Macfarlan JA; Ward JA; Gleeson JA Decision: (1) Judgment for Ms Casey in the sum of $5,224,818, to take effect on the date of this judgment. (2) Order Pel-Air to pay Ms Casey's costs of the assessment at first instance of Ms Casey's funds management damages. (3) Subject to Order (2), order Pel-Air to pay Ms Casey's costs of the proceedings at first instance: (a) on the ordinary basis up to and including 30 January 2015 and (b) after 30 January 2015 on an indemnity basis. (4) Order Ms Casey to pay 50% of Pel-Air's costs of its appeal. (5) Order Pel-Air to pay Ms Casey's costs of her cross-appeal. Catchwords: APPEAL – costs – no issue of principle Legislation Cited: Uniform Civil Procedure Rules 2005 Category: Costs Parties: Pel-Air Aviation Pty Ltd (Appellant) Karen Casey by her manager the National Australia Trustee Ltd (Respondent) Representation: Counsel: J E Sexton SC / D Lloyd (Appellant) R S McIlwaine SC / G R Graham (Respondent)

Solicitors: GSG Legal (Appellant) Everett Evans (Respondent) File Number(s): CA 2015/171223 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Citation: [2015] NSWSC 566 Date of Decision: 15 May 2016 Before: Schmidt J File Number(s): SC 2010/385262; 2011/46508