Hawcroft General Trading Co Pty Ltd v Hawcroft (No 2) [2017] NSWCA 148

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hawcroft General Trading Co Pty Ltd v Hawcroft (No 2) [2017] NSWCA 148 Hearing dates: On the papers Decision date: 22 June 2017 Before: Basten JA, Leeming JA, Emmett AJA Decision: (1) The defendant (Hawcroft General Trading Co Pty Ltd) pay the costs of the plaintiff (Jennifer Hawcroft) at first instance.

(2) There be no order as to the costs of the appeal, with the intent that the parties bear their own costs of the appeal. Catchwords: COSTS – departing from usual order as to costs – appellant succeeded on point inconsistent with its case at trial – new point only raised when appeal was heard – where whole appellate process necessitated by failure to take the point earlier – appellant ordered to pay respondent's costs at first instance Cases Cited: Hawcroft General Trading Co Pty Ltd v Hawcroft [2017] NSWCA 91 Rockcote Enterprises Pty Ltd v FS Architects Pty Ltd [2008] NSWCA 39 Category: Costs Parties: Hawcroft General Trading Co Pty Ltd (Appellant) Jennifer Jane Hawcroft in her capacity as Executor of the deceased estate of Martin Hawcroft (Respondent) Representation: Counsel: M W Sneddon (Appellant) T Alexis SC with L T Livingston (Respondent)

Solicitors: Fox & Staniland Lawyers (Appellant) Staunton & Thompson (Respondent) File Number(s): 2016/169794 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Citation: [2016] NSWSC 555 Date of Decision: 5 May 2016 Before: Young AJ File Number(s): 2015/129403