Cappello v Homebuilding Pty Ltd

[2024] NSWCA 88

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Enforcement of judgments and orders
3. › Directions as to enforcement
4. › Whether registered certificates of determination of costs are 'judgments' of the court
5. › Whether court has power to authorise Sheriff to enter premises under writ of execution
6. › Civil Procedure Act 2005 (NSW), ss 133, 135
7. › Legal Profession Uniform Law Application Act 2014 (NSW), s 70(5)
1. Practice and Procedure
2. › Summary dismissal
3. › Judicial review application
4. › No reasonable cause of action disclosed
5. › Uniform Civil Procedure Rules 2005 (NSW), r 13.4
1. Costs
2. › Indemnity costs
3. › Calderbank offer
4. › Walk away offer as genuine offer of compromise
5. › Unreasonable conduct in continuing to challenge costs determinations

Quick Take

Registered certificates of determination of costs under s 70(5) of the LPULAA are treated as judgments of the court for enforcement purposes, including for the making of orders under s 135 of the CPA authorising the Sheriff to enter premises.