Cassaniti v Katavic (No 3) [2023] NSWCA 247

Cassaniti v Katavic (No 3) [2023] NSWCA 247

Given the lack of commonality between parties on separate issues and the mixed outcome, it is appropriate to apportion costs so that Mr Katavic pays one-third of the appellants’ costs of the appeal and Ms Morvillo pays half the costs of Mr Katavic and Antalija No 4, with specific orders on other interlocutory matters reflecting each party's relative success.

Parties
First Appellant: Sam Cassaniti; Second Appellant: Nancy Morvillo; First Respondent: Dennis Katavic; Second Respondent: Antalija Developments No 4 Pty Ltd; Third Respondent: Jocelyn Katavic
Jurisdiction
Australia
Judgment Date
18 October 2023
Procedural Posture
Appeal / Costs Determination Following Appellate Judgment
Outcome
Costs orders made reflecting partial success: apportionment between the parties in specified percentages, no costs for some interlocutory matters; security for costs to remain with the Court.
Legal Topics
Apportionment of Costs on Appeal, Mixed Outcomes, Costs Where Separate and Discrete Issues
Costs Apportionment of Costs on Appeal Mixed Outcomes Costs Where Separate and Discrete Issues

Case Brief

Summary, issues, holding and outcome

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Parties

Sam Cassaniti

First Appellant

Nancy Morvillo

Second Appellant

Dennis Katavic

First Respondent

Antalija Developments No 4 Pty Ltd

Second Respondent

Jocelyn Katavic

Third Respondent

Procedural Posture

Appeal / Costs Determination Following Appellate Judgment

Legal Issues

  1. 1 Whether costs should be apportioned given discrete issues on appeal and mixed outcome
  2. 2 Appropriate approach to costs orders where party success varied on different claims

Ratio Decidendi

Given the lack of commonality between parties on separate issues and the mixed outcome, it is appropriate to apportion costs so that Mr Katavic pays one-third of the appellants’ costs of the appeal and Ms Morvillo pays half the costs of Mr Katavic and Antalija No 4, with specific orders on other interlocutory matters reflecting each party's relative success.

Court Disposition

Costs orders made reflecting partial success: apportionment between the parties in specified percentages, no costs for some interlocutory matters; security for costs to remain with the Court.

Orders

  • Subject to previous orders, no order as to costs of the summons seeking leave to appeal (CA2022/261720).
  • First respondent (Mr Katavic) to pay one-third of the appellants' costs of the appeal (CA2022/204856).