Slaveski v Nanevski Developments Pty Ltd (No 2)

[2023] NSWCA 170

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Slaveski v Nanevski Developments Pty Ltd (No 2) [2023] NSWCA 170

Hearing dates:

On the papers

Date of orders:

27 July 2023

Decision date:

27 July 2023

Before:

Meagher JA; Kirk JA; Griffiths AJA

Decision:

(1) Set aside orders 17 and 18 made by the Supreme Court on 6 September 2022 relating to costs of the proceedings below, and in lieu thereof:

(a) The cross-claimants are to pay the costs of Tom Nanevski on the cross-claim.

(b) The defendants are to pay 75% of the plaintiff’s costs of proceedings 2019/153341 up until 30 August 2022, including as regards the cross-claim, noting that this order does not affect any costs the subject of a separate costs order.

Catchwords:

COSTS — Determination — Review/appeal — Allocation of costs for claim and cross-claim in proceedings below — Where cross-defendant not joined to the appeal — Degree of success and resources expended

Legislation Cited:

Civil Procedure Act 2005 (NSW), s 98(1)

Uniform Civil Procedure Rules 2005 (NSW), r 42.1

Cases Cited:

Allianz Australia Insurance Ltd v Rawson Homes Pty Ltd (No 2) [2021] NSWCA 334

DSHE Holdings Ltd (Receivers and Managers) (in liq) v Potts (No 2) [2022] NSWCA 258

Slaveski v Nanevski Developments Pty Ltd [2023] NSWCA 145

Category:

Principal judgment

Parties:

Ken Slaveski (First Appellant)
Biljana Slaveski (Second Appellant)
James Slaveski (Third Appellant)
Mega-Top Cargo Pty Ltd (Fourth Appellant)

Nanevski Developments Pty Ltd (Respondent)

Representation:

Counsel:

N J Kidd SC and C Robinson (Appellants)

P Knowles SC and P W McDonald (Respondent)

Solicitors:

Valorum Law Group (Appellants)

Everingham Solomons (Respondent)

File Number(s):

2022/268686

Publication restriction:

Nil

 Decision under appeal 

Court or tribunal:

Supreme Court

Jurisdiction:

Equity

Citation:

Nanevski Developments Pty Ltd v Slaveski; Mega-Top Cargo Pty Ltd v Nanevski Developments Pty Ltd [2022] NSWSC 1066

Date of Decision:

9 August 2022

Before:

Kunc J

File Number(s):

2019/153341; 2019/95876

JUDGMENT

1. THE COURT: The Court handed down its judgment in this appeal on 29 June 2023: Slaveski v Nanevski Developments Pty Ltd [2023] NSWCA 145 (Judgment). Four issues were raised challenging factual findings made by the primary judge. The context of the judgment and the issues in dispute will not be repeated here, and familiarity with that judgment will be assumed.

2. The result of the appeal, the Court’s reasoning as to why the parties should bear their own costs of the appeal, and its preliminary view as to the costs orders in the proceeding below, were explained in the Judgment as follows:

[88] The appellants have succeeded on three out of four issues (ie all but the third issue, relating to Ground 5). Yet for the first issue, relating to the $590,000 loan, it is difficult to discern any practical significance to the claim beyond a minor entitlement to interest, and in circumstances where the appellants advanced not a skerrick of reasoning in support of their position in the Court below. On the second issue, dealing with the $302,500 in cash,…