Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40 Hearing dates: On the papers Date of orders: 13 March 2018 Decision date: 13 March 2018 Before: Beazley P at [1]; Payne JA at [1]; Barrett AJA at [1]. Decision: (1) The respondent pay 30 per cent of the appellant's costs of the appeal as agreed or assessed.

(2) The appellant pay 75 per cent of the respondent's costs of the Amended Summons and the Amended First Cross-Summons as agreed or assessed. Catchwords: COSTS – where it is appropriate to deprive successful appellant of a portion of its costs because matters upon which it was unsuccessful took up a significant and separable part of appeal – re-exercise of discretion regarding costs of the trial – respondent unsuccessful in significant and separable part of trial Legislation Cited: Civil Procedure Act 2005 (NSW) Property, Stock and Business Agents Act 2002 (NSW) Property, Stock and Business Agents Regulation (2003) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Doppstadt Australia Pty Ltd v Lovick & Sons Developments Pty Ltd (No 2) [2014] NSWCA 219 El-Wasfi v State of New South Wales; Kassas v State of New South Wales (No 2) [2018] NSWCA 27 Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd (No 3) (1998) 30 ACSR 20 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 McCusker v Rutter [2010] NSWCA 318 Ritter v Godfrey [1920] 2 KB 47 Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd [2017] NSWCA 339 Trade Practices Commission v Nicholas Enterprises Pty Ltd (No 3) (1979) 2 FLR 213 Texts Cited: None Category: Costs Parties: Ryde Developments Pty Ltd (Appellant) The Property Investors Alliance Pty Ltd (Respondent) Representation: Counsel: A J McInerney SC with D Robertson (Appellant) V F Kerr SC with A Carr (Respondent)