Supreme Court
New South Wales
Medium Neutral Citation: Kyriacou v Raphis Securities Pty Ltd (No 2) [2022] NSWSC 339 Hearing dates: On the papers Decision date: 25 March 2022 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order that the first and second respondents to the amended notice of motion dated 25 January 2022 and filed in Court on 2 February 2022 (the consolidated motion) pay 25% of the costs of the plaintiffs in the Raphis Proceeding of and incidental to the consolidation motion, such costs to be payable on the ordinary basis.
2. Order that the plaintiffs in the Raphis Proceeding pay the costs of the ninth and tenth respondents to the amended notice of motion filed on 24 November 2021 (the amendment motion) limited to the costs of and incidental to preparation for the amendment motion (but not their attendance in court on 2 February 2022).
3. Order that the plaintiffs in the Raphis Proceeding pay the costs of each of: the third respondent to the consolidated motion; the ninth and tenth respondents to the consolidated motion; and the fourteenth, fifteenth, seventeenth and eighteenth respondents to the consolidated motion, being the costs of and incidental to the consolidated motion, such costs to be payable on the ordinary basis.
Catchwords: COSTS – Party/Party – General rule that costs follow the event – Application of the rule and discretion
Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 98(1)
Uniform Civil Procedure Rules 2005 (NSW) r 42.1
Cases Cited: Kyriacou v Raphis Securities Pty Ltd [2022] NSWSC 196
Petar v Macedonian Orthodox Community Church St Pekta Inc (No 2) [2007] NSWCA 142
Category: Costs Parties: George Kyriacou (First Plaintiff on the Notice of Motion)
Filomena Kyriacou (Second Plaintiff on the Notice of Motion)
Angelo Phillip Russo (First Respondent to the Notice of Motion)
Phillip Angelo Russo (Second Respondent to the Notice of Motion)
Wentworth Williams Auditors Pty Ltd (Third Respondent to the Notice of Motion)
Mahesh Mora (Fourth Respondent to the Notice of Motion)
Lux Advisory Pty Ltd (Fifth Respondent to the Notice of Motion)
Viribus Partners Pty Ltd (Sixth Respondent to the Notice of Motion)
Wentworth Williams Advisory Services Pty Ltd (Seventh Respondent to the Notice of Motion)
Linda Westacott (Eighth Respondent to the Notice of Motion)
Reliance Financial Services Pty Ltd (Ninth Respondent to the Notice of Motion)
Accolade Advisory Pty Ltd (Tenth Respondent to the Notice of Motion)
John Kyriacou (Eleventh Respondent to the Notice of Motion)
NSW Trustee and Guardian (Twelfth Respondent to the Notice of Motion)
Perpetual Trustee Company Limited (Thirteenth Respondent to the Notice of Motion)
Raphis Securities Pty Ltd (Fourteenth Respondent to the Notice of Motion)
Somersby Aust Pty Ltd (Fifteenth Respondent to the Notice of Motion)
Shoebill Pty Ltd (Sixteenth Respondent to the Notice of Motion)
Sam Cassaniti (Seventeenth Respondent to the Notice of Motion)
CB Cuckoo Pty Ltd (Eighteenth Respondent to the Notice of Motion)
VHM Asset Holdings Pty Ltd (Nineteenth Respondent to the…
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- Case
- [2022] NSWSC 339
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the general rule that costs follow the event should apply, and if so, the extent of the costs to be awarded. The court had to consider the discretion it had in awarding costs, particularly given the nature of the proceedings and the conduct of the parties. The court needed to balance the principle that costs should follow the event with the need to avoid an unjust result.
The court determined that the general rule should apply, meaning that the prevailing party was entitled to costs. However, it exercised its discretion to limit the amount of costs awarded. The court considered the complexity of the case, the conduct of both parties, and the need to avoid an unjust outcome. Ultimately, the court concluded that the costs should be apportioned in a way that reflected the overall fairness of the proceedings, resulting in a reduced costs order for the plaintiff. The court's decision underscored the importance of judicial discretion in ensuring that the costs orders are just and equitable.
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