Tavitian v City of Playford (No 2)

This matter concerned an appeal by Mr Tavitian against a costs order made by a judge, and a cross-appeal by the City of Playford (the Council) concerning the terms of a removal order. The appeal and cross-appeal were heard by the Full Court of the Supreme Court of South Australia, comprising Kourakis CJ, Blue and Stanley JJ.

The Court was required to determine four residual differences between the parties regarding the terms of a removal order for scrap materials stored on Mr Tavitian's land. Additionally, the Court had to consider whether the costs order made by the judge was appropriate, and in light of the outcome of the appeal and cross-appeal, determine who should bear the costs of the appeal proceedings.

The Court resolved the four residual differences in favour of the Council's proposed terms for the removal order, finding the Council to be substantially successful on the appeal. Consequently, the Court ordered that costs should follow the event. The appeal against the judge's costs order was dismissed. The Court varied the original removal order to incorporate the agreed terms and the Court's decision on the residual issues, and ordered Mr Tavitian to pay the Council's costs of the appeal.