Belflora Pty Ltd v Vinflora Pty Ltd (No 2)

[2021] NSWCA 205

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:	Belflora Pty Ltd v Vinflora Pty Ltd (No 2) [2021] NSWCA 205
Hearing dates:	2 June 2021
Decision date:	08 September 2021
Before:	Bathurst CJ; Brereton JA; Emmett AJA
Decision:	The appellant pay the respondent’s costs of the appeal.
Catchwords:	COSTS – party/party – general rule that costs follow the event
Legislation Cited:	Nil
Cases Cited:	Nil
Texts Cited:	Nil
Category:	Costs
Parties:	Belflora Pty Ltd (Appellant) Vinflora Pty Ltd (First Respondent) Vamsi Nagendra Babu Uppalapti (Second Respondent)
Representation:	Counsel: B Coles QC with D Allen (Appellant) A Moses QC with J Simpkins (Respondents) Solicitors: Russo & Partners Pty Ltd (Appellant) Frank Law (Respondents)
File Number(s):	2020/306310
Publication restriction:	Nil
Decision under appeal	Court or tribunal: Supreme Court Jurisdiction: Equity Citation: [2020] NSWSC 1229 Date of Decision: 10 September 2020 Before: Sackar J File Number(s): 2019/383473

Judgment

1. THE COURT: Judgment in this appeal was handed down on 19 August 2021. A direction was made that the parties within seven days make submissions as to the appropriate order of the costs of the appeal.

2. This order was made because the respondent in its written submissions indicated an intention to seek a special costs order if successful.

3. However, the submissions now received from each party indicate that the appropriate order is that the appellant pay the respondent’s costs of the appeal. In those circumstances, the Court orders the appellant pay the respondent’s costs of the appeal.

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Decision last updated: 08 September 2021