Krimbogiannis v Fallshaw (Investments) Pty Ltd

In the matter of Krimbogiannis v Fallshaw (Investments) Pty Ltd, the parties were engaged in a dispute that eventually reached the Supreme Court of New South Wales. The conflict arose out of a commercial transaction, with the Krimbogiannis family suing Fallshaw (Investments) Pty Ltd for breaches of contract and related claims. The case was originally heard in the Civil and Administrative Tribunal (CAT) and subsequently appealed to the Supreme Court, focusing on the interpretation and application of procedural rules regarding costs.

The legal issues before the court included the proper interpretation of the slip rule, which dictates the usual order for costs in legal proceedings. Specifically, the Krimbogiannis family contested the CAT’s decision on the allocation of costs between the parties. They argued that the CAT had incorrectly applied the slip rule, which typically means that the party that does not succeed in the proceedings bears the costs of the other party. Additionally, the Krimbogiannis family sought clarification on the scope of costs that could be claimed and the appropriate method for assessing these costs.

The Supreme Court examined the relevant legislative provisions and the CAT's decision, determining that the CAT had erred in its application of the slip rule. The court found that the Krimbogiannis family, as successful parties in the proceedings, were entitled to costs under the usual order. Furthermore, the court clarified that the costs could be assessed on a party/party basis if the parties could not agree on the amount. The court also mandated a correction to the CAT’s order to include specific references to the related proceedings. Consequently, the court ordered that Fallshaw (Investments) Pty Ltd must pay the Krimbogiannis family their costs of the proceedings, with the possibility of assessment if the parties could not agree on the costs.