Perpetual Trustees Australia Ltd v Heperu Pty Ltd [No 3]

Perpetual Trustees Australia Ltd (the appellant) and Heperu Pty Ltd (the respondent) were parties to proceedings before the Court of Appeal of New South Wales. The dispute concerned the costs of a motion heard on 20 May 2009.

The primary legal issue before the Court of Appeal was the appropriate allocation of costs for the motion, specifically in relation to certain affidavits and periods of time. The court was required to determine which party should bear the costs of the motion, and whether any exceptions or specific orders should be made regarding particular documents or timeframes.

The Court of Appeal reasoned that the respondents should pay the appellant's general costs of the motion incurred after 7 September, with an exception for costs related to Mr Bray's affidavit of 10 November. Conversely, the appellant was ordered to pay the respondents' costs for preparing, settling, filing, and serving that specific affidavit. The court also made no order as to the costs of the motion incurred after 30 November 2009. The parties were directed to set off the costs awarded.