Huang v Attapallil & Ors [2017] NSWCA 181

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Huang v Attapallil & Ors [2017] NSWCA 181 Hearing dates: 17 July 2017 Decision date: 17 July 2017 Before: Meagher JA at [1] and [42]; White JA at [2] Decision: Order that the applicant's summons seeking leave to appeal filed on 10 February 2017 be dismissed with costs. Catchwords: COSTS – Indemnity basis – whether primary judge erred in awarding indemnity costs against applicant

APPEAL AND NEW TRIAL – Appeal – General principles – leave to appeal required – whether House v The King type error identified – no issue of principle – leave to appeal refused Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes Act 1900 (NSW) District Court Act 1973 (NSW) Jurisdiction of Courts (Cross-vesting) Act 1987(NSW) Legal Profession Act 1987 (NSW) Trans-Tasman Proceedings Act 2010 (Cth) Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Gibson v Drumm [2016] NSWSC 570 House v The King (1936) 55 CLR 499; [1936] HCA 40 The Age Company Ltd & Ors v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Category: Principal judgment Parties: Biru Huang (Applicant) Alexander Attapallil (1st Respondent) Joseph Assi (2nd Respondent) Charles Thornley (3rd Respondent) Representation: Counsel: In person (Applicant) D F Elliott (3rd Respondent)