Nu Line Construction Group Pty Ltd v Fowler (No 2)

[2014] NSWCA 188

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Entry of judgment and orders
3. › Slip rule
4. › Correction of clerical error in orders
5. › Reference to singular respondent corrected to plural
6. › Uniform Civil Procedure Rules 2005 (NSW), r 36.17
1. Practice and Procedure
2. › Entry of judgment and orders
3. › Variation of orders
4. › Time limit for application to vary
5. › Whether application made within 14 days
6. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A)
1. Practice and Procedure
2. › Costs
3. › Costs following reversal on appeal
4. › Whether trial costs order should be preserved
5. › Adjustment for dilatory litigation conduct by successful appellant
6. › Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 59

Quick Take

Where an appeal reverses the judgment below, the successful appellant is ordinarily entitled to costs of the trial, but those costs may be discounted to account for additional costs caused to the other party by the appellant's dilatory litigation conduct. The Court adopted a methodology of reducing the appellant's recoverable costs by a percentage reflecting both the appellant's delinquency and the additional costs unnecessarily incurred by the respondents. Applications to vary orders must be brought within the scope of any directions given and within the 14-day period under UCPR r 36.16(3A).