Golden v V'landys (No 2)

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:	Golden v V’landys (No 2) [2016] NSWCA 350
Hearing dates:	On the papers
Decision date:	13 December 2016
Before:	McColl JA; Leeming JA; Payne JA.
Decision:	(1) The respondents pay 40 per cent of the appellant’s costs of the trial as agreed or assessed.  (2) The motion dated 21 November 2016 filed by Mr V’landys be dismissed as incompetent.
Catchwords:	COSTS – appeal allowed in part – costs of trial – appropriate costs order where a number of issues at trial not ventilated on appeal   COSTS – application to vary costs order made in the appeal – application made out of time – motion incompetent
Legislation Cited:	Civil Procedure Act 2005 (NSW) ss 98, 101 Uniform Civil Procedure Rules 2005 (NSW) r 36.11, 36.16
Cases Cited:	Bartlett v Australia & New Zealand Banking Group Ltd (No 2) [2016] NSWCA 142 Monie v Commonwealth of Australia (No 2) [2008] NSWCA 15 Tomanovic v Global Mortgage Equity Corporation (No 2) [2011] NSWCA 256; (2011) 288 ALR 385
Category:	Costs
Parties:	Joseph Golden (applicant) Peter V’landys (first respondent) Racing New South Wales (second respondent)
Representation:	Counsel: A Crossland (applicant) G Connellan (first respondent) H El-Hage (second respondent)   Solicitors: Moray & Agnew Lawyers (first respondent) DLA Piper Australia (second respondent)
File Number(s):	2015/362606
Decision under appeal	Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Division Citation: [2015] NSWSC 1709 Date of Decision: 17 November 2015 Before: Adamson J File Number(s): 2013/140063

Judgment

1. THE COURT: On 4 November 2016, this Court allowed an appeal by Mr Golden, and made an order that the respondents pay 75 per cent of Mr Golden’s costs of the appeal as agreed or assessed.

2. Given the number of issues ventilated at trial, many of which were not the subject of appeal, orders were made for the parties to file and serve submissions about the appropriate orders to be made concerning the costs of the hearing before the primary judge.

Brief factual outline

3. The applicant, Mr Joseph Golden, was a professional horse trainer. At all relevant times the first respondent Mr Peter V’landys was the Chief Executive Officer of the second respondent, Racing New South Wales (RNSW).

4. On 8 June 2011, Mr V’landys communicated his decision to Mr Golden to suspend Mr Golden’s horse trainer’s licence for six months (the first decision).

5. On 24 June 2011, Mr V’landys communicated his decision to Mr Golden that Mr Golden be “warned off” all racetracks under the control of RNSW for an unlimited period of time (the second decision).

6. The first and second decisions were challenged in proceedings commenced by Mr Golden in the Supreme Court. The appellant relied upon the following grounds:

1. bias;

2. apprehended bias;

3. irrelevant considerations;

4. improper purpose;

5. bad faith;

6. unreasonableness / irrationality; and

7. misfeasance in public office.

7. The primary judge dismissed the proceedings. The appellant only challenged her Honour’s conclusions about the second decision in this Court. The…