CC United Developments Pty Ltd v Wing Da Pty Ltd [2019] NSWCA 45

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: CC United Developments Pty Ltd v Wing Da Pty Ltd [2019] NSWCA 45 Hearing dates: 6 March 2019 Decision date: 06 March 2019 Before: Basten JA at [9]; White JA at [1] Decision: 1. Dismiss the application for leave to appeal. 2. Applicants to pay the respondent's costs to be assessed on the ordinary basis. Catchwords: COSTS – Party/party – caveat lodged to protect right to renew lease – threat to give lapsing notice - proceedings resolved – order for indemnity costs against defendant – application for leave to appeal from decision awarding indemnity costs Category: Procedural and other rulings Parties: CC United Developments Pty Ltd (First Applicant) Charlie Elias (Second Applicant) Charbel Boutros (Third Applicant) Wing Da Pty Ltd (Respondent) Representation: Counsel: M W Sneddon (Applicants) S J Burchett (Respondent)

Solicitors: Paul Bard Lawyers (Applicants) Juris Cor Legal (Respondent) File Number(s): 2018/323090 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Citation: N/a Date of Decision: 28 September 2018 Before: Darke J File Number(s): 2018/243837

[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.]