Nadinic v Drinkwater (No 2) [2017] NSWCA 334

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nadinic v Drinkwater (No 2) [2017] NSWCA 334 Hearing dates: On the papers Decision date: 18 December 2017 Before: Leeming JA Decision: Mr Nadinic to pay Ms Drinkwater's costs of the application for a stay of execution. Catchwords: COSTS – abandonment of application for stay of execution – no reason for costs not to follow the event Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR In re Gilbert's will (1946) SR NSW 318 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Vaughan v Dawson [2008] NSWCA 169 Category: Costs Parties: Andrew Frane Nadinic (Appellant) Cheryl Drinkwater (Respondent) Representation: Counsel: A G Martin (Appellant) M Ashhurst SC, L D Corbett (respondent)

Solicitors: Summer Lawyers Pty Ltd (Appellant) Hewitts Commercial Lawyers (Respondent) File Number(s): 2016/242022 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Division Date of Decision: 07 December 2017 Before: Rein J File Number(s): 2016/242022

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]