Lambourne v Baker (No 3) [2022] NSWCA 25 (02 March 2022) (Basten and Gleeson JJA, Emmett AJA)


Catchwords:


JUDGMENT AND ORDERS – costs – costs payable by party entitled to judgment debt – joint and several liability for costs – entitlement to set-off – stay of payment of judgment debt pending assessment of costs – payment into court

CIVIL PROCEDURE – slip rule – failure to address issue raised by a notice of motion – no time limit on exercise of power – application of Uniform Civil Procedure Rules 2005 (NSW), r 36.17