Cambridge v Anastasopoulos (No 2)

[2013] NSWCA 213

Court of Appeal

New South Wales

Case Title:

Cambridge v Anastasopoulos (No 2)

Medium Neutral Citation:

[2013] NSWCA 213

Hearing Date(s):

On the papers

Decision Date:

12 July 2013

Before:

Meagher JA at [1];
Barrett JA at [18];
Sackville AJA at [19]

Decision:

(1) Confirm orders (4), (5), (6) and (7) of the District Court made on 11 March 2011 in relation to the costs of those proceedings as between the first, second and third appellants and the respondent.

(2) Order that the respondent pay 10 per cent of the costs of the appeal of the first and third appellants.

(3) No order as to the costs of the appeal as between the second appellant and the respondent with the intent that each of those parties is to bear his own costs of the appeal.

(4) Note that the costs in orders (2) and (3) do not include any costs which are the subject of existing orders with respect to interlocutory applications in the appeals.

[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.]

Catchwords:

COSTS - respondent succeeded against the three appellants at trial - appellants succeeded in having damages reduced on appeal - orders as to costs of trial and of appeal - no question of principle

Legislation Cited:

Civil Procedure Act 2005, s 100
Uniform Civil Procedure Rules 2005, rr 42.1, 42.35

Cases Cited:

Bullock v London General Omnibus Co [1907] 1 KB 264
Cambridge v Anastasopoulos [2012] NSWCA 405
Sanderson v Blyth Theatre Co [1903] 2 KB 533

Category:

Costs

Parties:

Stephen Paul Cambridge (First Appellant)
James Liascos (Second Appellant)
Gregory John Hodges (Third Appellant)
Peter Anastasopoulos (Respondent)

Representation

- Counsel:

Counsel:
Dr A S Morrison SC, Ms P M Clingan (First Appellant)
Mr J R Young (Second Appellant)
Mr J Jobson (Third Appellant)
Mr A Joseph (Respondent)

- Solicitors:

Solicitors:
Macquarie Lawyers Burwood, Concord
(First and Third Appellants)
G&S Law Group, Parramatta
(Second Appellant)
George Gourlas Lawyer, Cronulla (Respondent)

File Number(s):

2009/337501

Decision Under Appeal

- Court / Tribunal:

District Court

- Before:

Balla DCJ

- Court File Number(s):

2009/4475

JUDGMENT

1. MEAGHER JA: The Court delivered judgment in this appeal on 11 December 2012: Cambridge v Anastasopoulos [2012] NSWCA 405. It directed the parties to lodge written submissions concerning the orders that should be made as to the costs of the proceedings before the primary judge and before this Court. Those submissions have now been received.

Background

1. The respondent succeeded against the three appellants at the trial and obtained judgments against the first and second appellants for $55,048 plus pre-judgment interest, under s 100 of the Civil Procedure Act 2005, from 10 February…