Court of Appeal
New South Wales
Case Title: Zepinic v Chateau Constructions (Aust) Ltd (No 2) Medium Neutral Citation: [2014] NSWCA 99 Hearing Date(s): On the papers Decision Date: 03 April 2014 Before: Basten JA;
Gleeson JA;
Leeming JADecision: (1) Set aside order 3 made on 18 February 2014.
(2) Order that Dr Zepinic pay Chateau Constructions' costs of the motion dated 9 July 2013 and amended motion dated 6 August 2013 in the sum of $13,200.
(3) Otherwise dismiss Chateau Constructions' notice of motion dated 3 March 2014.
[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: PRACTICE AND PROCEDURE - costs - application for indemnity costs - application for gross sum costs order - application for interest on costs - where costs incurred appear to have been disproportionately large - conflicting authorities on orders for interest on costs referred to Legislation Cited: Civil Procedure Act 2005 (NSW), s 56(3) and (4), s 60, s 98(4)(c), s 101(4)
Supreme Court Act 1970 (NSW), s 46(4)
Uniform Civil Procedure Rules 2005 (NSW), r 20.26, r 36.16, r 42.15A, r 51.1, r 51.47Cases Cited: Beach Petroleum NL v Johnson (1995) 57 FCR 119
Calderbank v Calderbank [1975] 3 All ER 333
Council of The City of Botany Bay v Michos [2013] NSWCA 244
Donohoe v Britz (No 2) (1904) 1 CLR 662
Drummond and Rosen Pty Ltd v Easey (No 2) [2009] NSWCA 331
Hamod v State of New South Wales [2011] NSWCA 375
Harrison v Schipp [2002] NSWCA 213; 54 NSWLR 738
Illawarra Hotel Company Pty Ltd v Walton Construction Pty Ltd (No 2) [2013] NSWCA 211; 84 NSWLR 436
Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72
Robb Evans of Robb Evans & Associates v European Bank Ltd (No 2) [2009] NSWCA 170
Short v Crawley (No 45) [2013] NSWSC 1541
Stanley v Phillips (1966) 115 CLR 470
Zepinic v Chateau Constructions (Australia) Ltd [2013] NSWCA 214
Zepinic v Chateau Constructions (Australia) Ltd (No 2) [2013] NSWCA 227Category: Costs Parties: Dr Vito Zepinic (Applicant)
Chateau Constructions (Aust) Ltd (Respondent)Representation - Counsel: Counsel:
No appearance for the Applicant
B Ilkovski (Respondent)- Solicitors: Solicitors:
Toomey Pegg Lawyers (Respondent)File Number(s): 2010/45208 Decision Under Appeal - Court / Tribunal: Court of Appeal - Before: McColl JA - Date of Decision: 01 July 2013 - Citation: [2013] NSWCA 214 - Court File Number(s): 2010/45208
JUDGMENT
THE COURT: On 18 February 2014, this Court dismissed an application by Dr Zepinic to review a judgment of McColl JA and ordered the applicant, who did not appear and whose application for an adjournment was refused,…
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- Case
- [2014] NSWCA 99
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court of Appeal was whether Chateau Constructions was entitled to an order for indemnity costs, a gross sum order for costs, and interest on those costs, given that the costs incurred appeared disproportionately large. The Court also had to determine the appropriate orders regarding the costs of the motion before it.
The Court of Appeal reasoned that the costs incurred by Chateau Constructions were indeed disproportionately large. It applied principles relating to the award of indemnity costs and interest on costs, noting conflicting authorities on the latter. Ultimately, the Court decided to set aside an earlier order made on 18 February 2014.
The Court ordered that Dr Zepinic pay Chateau Constructions' costs of specific motions dated 9 July 2013 and 6 August 2013 in the sum of $13,200. All other aspects of Chateau Constructions' notice of motion dated 3 March 2014 were dismissed.
Orders
Orders of the court
(1) Set aside order 3 made on 18 February 2014.
(2) Order that Dr Zepinic pay Chateau Constructions' costs of the motion dated 9 July 2013 and amended motion dated 6 August 2013 in the sum of $13,200.
(3) Otherwise dismiss Chateau Constructions' notice of motion dated 3 March 2014.
[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.]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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