Aesthete No 3 Pty Limited ACN 127 464 966 v Gilmore Finance Pty Limited ACN 104 792 627 and Anor. [2018] NSWDC 1

District Court New South Wales

Medium Neutral Citation: Aesthete No 3 Pty Limited ACN 127 464 966 v Gilmore Finance Pty Limited ACN 104 792 627 and Anor. [2018] NSWDC 1 Hearing dates: 22 June and 27 July 2017 (submissions closed 14 August 2017) Date of orders: 18 January 2018 Decision date: 18 January 2018 Jurisdiction: Civil Before: Wilson SC DCJ Decision: I make the following orders: (a) appeal allowed; (b) judgment for the appellant in the sum of $141,666.38; (c) that the respondents pay the costs of the proceedings in this Court and the appellant's costs before the Review Panel; (d) that the parties have liberty to apply on seven days' notice to vary the order in (c), if necessary and generally; (e) that the Exhibits be returned. Catchwords: COSTS APPEAL – by way of rehearing party/party costs whether fair and reasonable – the indemnity principle – proportionality of costs – where appellant forced by respondents' conduct to make an urgent application - where complex issues arose – where complexity confounded by evidence served but ultimately not relied upon by respondents. Legislation Cited: Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law (NSW) Category: Costs Parties: Aesthete Pty Limited (Appellant) Gilmore Finance Pty Limited (First Respondent) Daniel Moore (Second Respondent) Representation: Counsel: Mr A Fernon (Appellant) Mr El Hage (First and Second Respondents)