Hallmark Construction Pty Ltd v Brett Harford; Copeland Building Services Pty Ltd v Hallmark Construction Pty Ltd; Hallmark Construction Pty Ltd v Harford Transport Pty Ltd (No 2)

[2020] NSWCA 134

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Appeal
4. › Variation of costs order
5. › Variation by consent
6. › Whether appellant liable to pay costs of respondents not joined by it
1. Practice and Procedure
2. › Costs
3. › Application to vary costs orders made at trial
4. › Whether orders failed to reflect apportionment of liability
5. › Whether orders challenged on appeal
6. › Whether power to vary after appeal determined
7. › Whether slip rule available
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16
1. Practice and Procedure
2. › Appeal
3. › Apportionment of indemnity
4. › Order at trial limited to apportionment of interest
5. › Whether error alleged on appeal
6. › Whether power to vary after appeal determined
7. › Workers Compensation Act 1987 (NSW), s 151Z

Quick Take

The Court held that that any challenge to costs orders made at trial is expressly raised as a ground of appeal; a general order seeking to set aside the 'judgment' below will not be construed as encompassing an independent challenge to costs orders.

Case Details

Citation[2020] NSWCA 134

CourtNSWCA

JurisdictionNew South Wales

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Cited by1

2021SafeWork NSW v Visscher (No 3); Visscher v SafeWork NSW (No 2)NSWIRComm 1099

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