Hagerty v Hills Central Pty Ltd (No 2) [2018] NSWCA 279

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hagerty v Hills Central Pty Ltd (No 2) [2018] NSWCA 279 Hearing dates: On the papers Date of orders: 21 November 2018 Decision date: 21 November 2018 Before: McColl JA; Macfarlan JA; Leeming JA Decision: 1. Vary order 4 made 11 September 2018 so that it provides:

"The respondent pay the appellants' costs at first instance and in this Court, except the costs at first instance of the respondent's motion filed on 28 June 2018 (and amended on 4 July 2018), which costs are to be paid by the appellants."

2. The appellants pay the respondent's costs of the notices of motion filed 25 September and 2 October 2018. Catchwords: COSTS – whether separate hearing as to orders, to which no challenge was made, was separate event for purposes of costs – Calderbank correspondence – whether special costs order warranted

JUDGMENTS AND ORDERS – application to vary made after 14 day period prescribed by rules – no power to extend time – no power to accede to application Legislation Cited: Uniform Civil Procedure Rules, rr 1.11, 1.12, 36.11, 36.16, 42.1 Cases Cited: Deputy Commissioner of Taxation v Meredith (No 2) (2008) 75 NSWLR 462; [2008] NSWCA 133 Hagerty v Hills Central Pty Ltd [2018] NSWCA 200 Hills Central Pty Limited v Anthony Gerard Hagerty & Catherine Elizabeth Hagerty t/a the Executors of the Estate of the late Gladys Delores Hagerty (No 2) [2018] NSWSC 1109 Majak v Rose (No 4) (2017) 94 NSWLR 763; [2017] NSWCA 170 Malouf v Prince (No 2) [2010] NSWCA 51 Texts Cited: None Category: Costs Parties: Anthony Gerard Hagerty & Catherine Elizabeth Hagerty as Executors of the Estate of the late Gladys Delores Hagerty (Appellants) Hills Central Pty Ltd (Respondent) Representation: Counsel: