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

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

The appeal court may, by consent, vary costs orders within the 14-day period under UCPR r 36.16(3A) to reflect party joinder and relieve Copeland from costs of parties it did not join. The court cannot, however, retrospectively vary costs orders made by the trial judge or adjust the apportionment of indemnity or costs under the slip rule when the appeal did not include such issues and no slip or oversight is apparent in the record.

Jurisdiction
Australia
Judgment Date
06 July 2020
Procedural Posture
Appeal / Post Judgment Applications for Costs Variation
Outcome
Varied in part, otherwise dismissed
Legal Topics
['costs' 'appeal' 'variation of Orders' 'apportionment of Liability' 'slip Rule']
['civil Procedure'] ['costs' 'appeal' 'variation of Orders' 'apportionment of Liability' 'slip Rule']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Post Judgment Applications for Costs Variation

Legal Issues

  1. 1 ['Whether costs orders made on appeal should be varied in light of apportionment of liability and party joinder.' 'Whether the appellate court has power to vary costs orders made by the trial judge after the appeal is determined.' "Whether the 'slip rule' applies to apportionment of costs or indemnity between parties."]

Ratio Decidendi

The appeal court may, by consent, vary costs orders within the 14-day period under UCPR r 36.16(3A) to reflect party joinder and relieve Copeland from costs of parties it did not join. The court cannot, however, retrospectively vary costs orders made by the trial judge or adjust the apportionment of indemnity or costs under the slip rule when the appeal did not include such issues and no slip or oversight is apparent in the record.

Court Disposition

Varied in part, otherwise dismissed

Orders

  • ['Vary order (1) as to costs made by the Court on 17 March 2020 so that: (a) Hallmark pay the costs of Brett Harford and Harford Transport Pty Ltd in this Court; (b) Hallmark Construction Pty Ltd and Copeland Building Services Pty Ltd pay the costs of Certain Underwriters at Lloyds subscribing to Policy No...