Morton v Kim [2019] NSWCA 273

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Morton v Kim [2019] NSWCA 273 Hearing dates: On the papers Date of orders: 08 November 2019 Decision date: 08 November 2019 Before: Basten JA; Payne JA Decision: (1) Dismiss the summons seeking leave to appeal from the judgment of Kunc J in the Equity Division dismissing the applicant's cross-claim.

(2) Order that the applicant pay the costs of the first respondent (Ms Kim) on the usual basis and one set of costs with respect to the second and third respondents (Mr Hu and Ms Yao) on a submitting basis. Catchwords: APPEAL AND REVIEW – application for leave to appeal – amount in issue below threshold – whether alleged error more than merely arguable – whether issue of principle or public importance – likely disproportion between the costs of an appeal and amount in issue

GUARANTEE AND INDEMNITY — novation of uncompleted contract for sale of part of land when whole land sold to third party – third party required to indemnify vendor for claims arising "as a result" of the first contract – legal costs incurred by vendor because of his failure to execute deed of novation – whether indemnity covered vendor's legal costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 Supreme Court Act 1970 (NSW), s 101 Cases Cited: Andar Transport Pty Ltd v Brambles Ltd (2004) 217 CLR 424; [2004] HCA 28 Be Financial Pty Ltd (atf Be Financial Operations Trust) v Das [2012] NSWCA 164 Joo v Yoo [2016] NSWCA 172 Category: Principal judgment Parties: Stephen James Morton (Applicant) Jonghee Kim (First Respondent) Jing Hu (Second Respondent) Linda Yao (Third Respondent) Representation: Counsel: M J Davis (Applicant) J R Young (First Respondent) Submitting Appearances (Second and Third Respondents)