Court of Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Foundas v Arambatzis (Gross Sum Costs Order) [2025] NSWCA 208 Hearing dates: 8 September 2025 Date of orders: 8 September 2025 Decision date: 08 September 2025 Before: Kirk JA Decision: The costs of the first respondent which are payable by the first and second applicants by order of the Court of Appeal made on 17 September 2024 are fixed in the gross sum of $16,000, pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), which sum is payable in the first instance from the first applicant’s share of the net proceeds of the sale of the property at issue in the proceedings.
Catchwords: CIVIL PROCEDURE – Costs orders – Applicant seeking gross costs assessment pursuant to section 98(4)(c) of the Civil Procedure Act 2005 (NSW) – Assessed gross sum of $16,000
Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4)(c)
Legal Profession Uniform Law (NSW), ss 194(1), 206
Cases Cited: Foundas v Arambatzis (No 3) [2023] NSWSC 1513
Category: Costs Parties: Cassiani Foundas (First Applicant)
Bill Foundas (Second Applicant)
Peter Arambatzis (First Respondent)
Sean Magnus Wengel (Second Respondent)
Robert William Whitton (Third Respondent)Representation: Counsel:
Solicitors:
Second Applicant (Self-represented)
T Harris-Roxas (First Respondent)
Not applicable (Applicants)
Cutri & Associates (First Respondent)
William Roberts Lawyers (Second and Third Respondents)
File Number(s): 2024/4529 Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wale
- Jurisdiction:
- Equity – Commercial List
- Citation:
- Date of Decision:
- 06 December 2023
- Before:
- Rees J; Kunc J
- File Number(s):
- 2021/297960; 2018/184682
JUDGMENT
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The first respondent (Peter Arambatzis), by notice of motion, seeks a gross sum order in relation to a costs order made by this Court on 17 September 2024. On that date the Court dismissed the motion of the applicants seeking a stay of execution of a writ of possession of a property of which the first applicant (Cassiani Foundas) and first respondent were registered proprietors as tenants in common: Foundas v Arambatzis (No 6) [2024] NSWCA 231. The Court ordered that the applicants pay the costs of the motion. The current motion for a gross sum costs order was filed almost a year ago on 26 September 2024. No procedural steps were taken in relation to that motion until June this year due to an administrative oversight. The first respondent did not take any further action to agitate or pursue the motion until relatively recently.
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The motion was then listed on 23 June 2025, which listing was vacated. On 24 June 2025, the Registrar listed the motion for hearing on 30 June 2025, directing the parties to file and serve any evidence and written submissions by midday on 27 June 2025. That listing was also vacated, and the matter was listed for directions the following week; the first respondent was directed to…
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- Case
- [2025] NSWCA 208
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether to fix the costs payable by the applicants to the first respondent in a gross sum, as permitted by section 98(4)(c) of the *Civil Procedure Act 2005* (NSW). This section allows for the assessment of costs in a gross sum in certain circumstances, rather than requiring a detailed itemised assessment.
Kirk JA determined that the costs of the first respondent, which were payable by the first and second applicants, should be fixed in the gross sum of $16,000. This sum is to be paid in the first instance from the first applicant’s share of the net proceeds derived from the sale of the property that was the subject of the proceedings.
Orders
Orders of the court
The costs of the first respondent which are payable by the first and second applicants by order of the Court of Appeal made on 17 September 2024 are fixed in the gross sum of $16,000, pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), which sum is payable in the first instance from the first applicant’s share of the net proceeds of the sale of the property at issue in the proceedings.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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