Gianoutsos v Glykis

In *Gianoutsos v Glykis*, the New South Wales Court of Appeal considered an application for leave to appeal and the associated costs orders. The dispute arose from a summons for leave to appeal, which had been adjourned to allow the first and second opponents an opportunity to seek leave to amend their Statement of Claim in the District Court.

The primary legal issues before the Court of Appeal were the allocation of costs for two separate appeal hearings. Specifically, the court had to determine who should bear the costs of the first appeal hearing, given the first and second opponents' failure to make their amendment application before that hearing, and who should bear the costs of the second appeal hearing, which became otiose once leave to amend was granted.

The Court of Appeal reasoned that the first and second opponents' failure to pursue their amendment application prior to the first appeal hearing resulted in wasted costs for that hearing. Consequently, they were ordered to pay the claimant's and third opponent's costs of the first appeal hearing, subject to any existing costs thrown away order or agreement. Regarding the second appeal hearing, the court found that the summons for leave to appeal had become unnecessary once the first and second opponents were granted leave to amend their Statement of Claim. Therefore, the claimant was ordered to pay the opponents' costs of the second appeal hearing, again subject to any existing costs thrown away order or agreement.