Kalls Enterprises Pty Ltd (In Liquidation) & Ors v Baloglow & Anor (No 2)

The parties to this proceeding were Kalls Enterprises Pty Ltd (In Liquidation) and others, the appellants, and Mr Baloglow and another, the respondents. The dispute concerned the repayment of an amount paid into court. The matter came before the New South Wales Court of Appeal.

The primary legal issue before the Court of Appeal was whether the orders made on 9 August 2007, which presumably dealt with the repayment of the amount paid into court, should be varied or set aside. A related issue concerned the costs of a notice of motion filed by the appellants on 23 August 2007.

The Court of Appeal determined that there was no question of principle that warranted altering the existing orders. Consequently, the Court upheld the orders made on 9 August 2007. The Court also ordered the appellants to pay Mr Kaliaropoulos' costs of the notice of motion filed on 23 August 2007.