Tzavaras v Tzavaras & Sons Pty Ltd (No 2)

The appellant, Mr. Tzavaras, sought to set aside orders made by the court, alleging that the court had overlooked his submissions. The respondents were Tzavaras & Sons Pty Ltd. The appeal was heard by Gleeson and Adamson JJA, and Griffiths AJA.

The primary legal issue before the court was whether the court had failed to address the appellant's submissions, thereby warranting the setting aside of previous orders. A secondary issue concerned the appropriate costs orders, particularly in light of the appeal's limited success.

The Court of Appeal dismissed the appellant's application to set aside the orders. It found that the appellant had not adequately explained how the case was conducted in the court below, nor had he demonstrated that the court had failed to address his complaints. The court noted that the appeal was allowed only in relation to a minor issue that consumed minimal time and resources. Consequently, the court proposed making orders that the appellant bear the respondents' costs of both the appeal and the trial. The appellant was given a limited timeframe to file brief submissions if he opposed this tentative costs proposal, with final costs orders to be made on the papers.