Whall v Stamp (No 2) [2019] NSWCA 284

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Whall v Stamp (No 2) [2019] NSWCA 284 Hearing dates: On the papers Date of orders: 28 November 2019 Decision date: 28 November 2019 Before: Basten JA; Leeming JA; Payne JA Decision: (1) Refuse proposed orders 1-3 of in the notice of motion filed on 18 October 2019. (2) Grant the respondent to the appeal (Mrs Stamp) a certificate under s 6 of the Suitors' Fund Act 1951 (NSW) in respect of Court of Appeal Proceedings No. 2019/21362, other than the costs of this motion. (3) Otherwise dismiss Mrs Stamp's notice of motion filed on 18 October 2019. (4) Order that the applicant (Mrs Stamp) pay the costs of the respondent to the motion (Mr Whall). Catchwords: COSTS – party/party – appeals – orders seeking declaratory and injunctive relief about a costs order made over three months prior dismissed as the issue was not raised in the appeal proceedings – order seeking variation of the costs order incompetent as filed out of time – Suitors' Fund certificate granted Legislation Cited: Civil Procedure Act 2005 (NSW), s 14 Suitors' Fund Act 1951 (NSW), s 6 Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 42.7 Cases Cited: Deputy Commissioner of Taxation v Meredith (No 2) (2008) 75 NSWLR 462; [2008] NSWCA 133 Hancock v Arnold; Dodd v Arnold (No 2) [2009] NSWCA 19 In the matter of an application by Sahab Holdings Pty Limited [2014] NSWCA 299 Metropolitan Petar v The Macedonian Orthodox Community Church St Petka Inc (No 2) [2007] NSWCA 142 Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 4) [2018] NSWCA 52 Wardle v Agricultural and Rural Finance Pty Ltd; Agricultural and Rural Finance Pty Ltd v Brakatselos (No 2) [2012] NSWCA 388 Whall v Stamp [2019] NSWCA 163 Category: Costs Parties: Arthur Whall (Appellant / Respondent on the motion) Audrey Edith Stamp (Respondent / Applicant on the motion) Representation: Counsel: J E F Brown / N Condylis (Appellant / Respondent on the motion) J Horowitz (Respondent / Applicant on the motion)