Grigoriadis v Sidiropoulos (No 2)

District Court

New South Wales

Medium Neutral Citation:	Grigoriadis v Sidiropoulos & Anor (No 2) [2019] NSWDC 761
Hearing dates:	13 December 2019
Date of orders:	19 December 2019
Decision date:	19 December 2019
Jurisdiction:	Civil
Before:	Judge Levy SC
Decision:	1. The first defendant is to pay the costs of the plaintiff and the second defendant on the ordinary basis as agreed or assessed;  2. The first defendant is to pay the plaintiff’s costs of the hearing vacated on 6 December 2016 on the ordinary basis as agreed or assessed.
Catchwords:	COSTS – Sanderson order in favour of plaintiff against first defendant for costs of proceedings including plaintiff’s costs relating to the unsuccessful joinder of the Nominal Defendant as second defendant
Legislation Cited:	Civil Procedure Act 2005 (NSW), s 98(1) Uniform Civil Procedure Rules 2005 (NSW), r 42.1
Cases Cited:	Bullock v London General Omnibus Co [1907] 1 KB 264 Dominello v Dominello & Anor; Dominello v The Nominal Defendant & Anor [No 2] [2009] NSWCA 257 Gould v Vaggelas (1984) 157 CLR 215; [1985] HCA 85 Grigoriadis v Sidiropoulos [2019] NSWDC 486 House v The King (1936) 55 CLR 499; [1936] HCA 40 Sanderson v Blyth Theatre Co [1903] 2 KB 533
Category:	Costs
Parties:	Kiparissia Grigoriadis (Plaintiff) Harry Sidiropoulos (First Defendant) The Nominal Defendant (Second Defendant)
Representation:	Counsel: Mr E Romaniuk SC with Mr P Macarounas (Plaintiff) Mr B Wilson (First defendant) Mr J Kenda (Second defendant)   Solicitors: AJB Stevens Lawyers (Plaintiff) Sparke Helmore (First defendant) Moray & Agnew (Second defendant)
File Number(s):	2015/281176
Publication restriction:	None

Judgment

Application for costs

1. On 13 September 2019, the principal judgment was delivered in these proceedings. A verdict and judgment was entered in favour of the plaintiff against the first defendant in the amount of $430,994. At that time a verdict and judgment was also entered against the plaintiff in favour of the second defendant, the Nominal Defendant. The parties were invited to be heard on the cost consequences of those orders: Grigoriadis v Sidiropoulos [2019] NSWDC 486, at [331]. These reasons assume a familiarity with that decision. On 13 December 2019 the parties appeared and made their costs submissions.

Evidence as to costs issues

2. The plaintiff relied upon an affidavit from her solicitor, Mr Asterios Mousas, sworn on 10 December 2019. The first defendant relied upon an affidavit from his solicitor, Ms Samantha Treffiletti, affirmed on 13 December 2019. Those affidavits were read without objection. The second defendant called no evidence on the application for costs. In their submissions, the parties made reference to the procedural history of the matter, and to aspects of the lay and expert evidence adduced at trial that touched upon the question of costs.

Competing submissions of the parties

3. The plaintiff submitted that the appropriate order for costs was that the first defendant pay her costs as well as the costs of the second defendant on the ordinary basis, as agreed or assessed, and that the first defendant pay the plaintiff’s…