NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wollongong Coal Ltd v Gujarat NRE India Pty Ltd (No 2) [2019] NSWCA 173 Hearing dates: On the papers Decision date: 16 July 2019 Before: Bathurst CJ; Leeming JA; McCallum JA Decision: 1. Set aside order 1 made on 23 October 2018 and orders 1 and 4 made on 26 October 2018.
2. In lieu thereof, enter judgment for the plaintiff against the defendant in the sum of $8,670,215.34, such judgment to take effect from 23 October 2018.
3. The appellant cause its solicitors to release and pay forthwith to the solicitors for the respondent the sum of $8,670,215.34, and all interest that has accrued thereon, that was deposited with those solicitors on 5 December 2018 pursuant to order 1 made on 8 November 2018.
4. The respondent to pay 50% of the appellant's costs in this Court, exclusive of the application for orders and costs.
5. The respondent to pay 25% of the appellant's costs of the application for orders and costs.
6. The question of the appropriate order as to costs at first instance be remitted to the Equity Division, noting that the remitter includes (a) the costs of the notice of motion filed on 12 October 2018 and (b) one half of the costs of WLC and one half of the costs of GNI of the application for orders and costs. Catchwords: COSTS – appeal allowed in part – partial success of both sides – apportionment of costs – impossible to re-exercise costs discretion at first instance – costs at first instance relatively large – remitter to Equity Division Legislation Cited: Uniform Civil Procedure Rules, r 42.1 Cases Cited: Gujarat NRE India Pty Ltd v Wollongong Coal Ltd [2018] NSWSC 1459 Gujarat NRE India Pty Ltd v Wollongong Coal Ltd (No 2) [2018] NSWSC 1622 Interchase Corporation Limited (in liq) v Grosvenor Hill (Queensland) Pty Ltd (No 3) [2003] 1 Qd R 26 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Wollongong Coal Ltd v Gujarat NRE India Pty Ltd [2019] NSWCA 135 Category: Costs Parties: Wollongong Coal Limited (Appellant) Gujarat NRE India Pty Ltd (Respondent) Representation: Counsel:
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