South West Helicopters Pty Ltd v Stephenson (No 2) [2018] NSWCA 99

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: South West Helicopters Pty Ltd v Stephenson (No 2) [2018] NSWCA 99 Hearing dates: On the papers Decision date: 11 May 2018 Before: Basten JA; Leeming JA; Payne JA Decision: (A) In matter No 2017/70847, Essential Energy's appeal:

(1) Vary order (1) made on 7 December 2017 to add par (c):

(c) Judgment for the First Respondent (South West) in respect of the first cross-claim in relation to each proceeding brought by the Sixth Respondent (Parkes Shire Council).

(2) Vary order (2) to add the words "and all cross-claims" after "the proceedings". (3) Vary order (3) to add the words "and cross-claims" after "claims". (4) Vary order (4) to delete reference to the "sixth respondent", so that it now reads:

"Order that the first and second respondents' pay the appellant's costs in this Court."

(B) As to the motions:

(5) Subject to variations at (A)(1), (2) and (3), otherwise dismiss Essential Energy's notice of motion filed 22 December 2017. (6) Subject to the variations at (A)(4), otherwise dismiss Parkes Shire Council's application dated 4 January 2018 to vary the orders of the Court.

(C) Dismiss the application by South West dated 4 January 2018 to vary the orders of the Court.

(D) There be no order as to the costs of any motion. Catchwords: CIVIL PROCEDURE – variation of orders – costs – application for award of interest on costs – source of power to award interest on costs – whether interest calculation to run from date of payment of costs to own lawyers – relevant considerations – when evidence of payment relevant – whether costs disproportionate to amount in issue – interest on costs of trial first sought after judgment on appeal