Velik v Steingold [2017] NSWDC 37

Velik v Steingold [2017] NSWDC 37

The Court of Appeal order did not supersede the earlier interlocutory costs orders; the Review Panel properly considered the submissions and evidence before it, and had discretion to allow the challenged costs items and to order the plaintiffs to pay the costs of the review.

Parties
First Plaintiff: Stephen Wayne Velik; Second Plaintiff: Laura Allison Velik; First Defendant: Noreen Steingold; Second Defendant: Gordon Albert Salier; Third Defendant: John Lawrence Sharpe
Jurisdiction
Australia
Judgment Date
03 March 2017
Procedural Posture
Appeal Against Costs Review Panel Determination / Principal Judgment
Outcome
Appeal dismissed; all grounds rejected.
Legal Topics
Costs Orders, Interlocutory Costs, Appeal, Costs Review, Court of Appeal Orders
Civil Procedure Costs Assessment Costs Orders Interlocutory Costs Appeal Costs Review Court of Appeal Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Stephen Wayne Velik

First Plaintiff

Laura Allison Velik

Second Plaintiff

Noreen Steingold

First Defendant

Gordon Albert Salier

Second Defendant

John Lawrence Sharpe

Third Defendant

Procedural Posture

Appeal Against Costs Review Panel Determination / Principal Judgment

Legal Issues

  1. 1 Whether Court of Appeal costs order superseded interlocutory Supreme Court costs orders
  2. 2 Whether Review Panel erred by not giving due consideration to plaintiffs' submissions
  3. 3 Scope of costs orders and items allowed

Ratio Decidendi

The Court of Appeal order did not supersede the earlier interlocutory costs orders; the Review Panel properly considered the submissions and evidence before it, and had discretion to allow the challenged costs items and to order the plaintiffs to pay the costs of the review.

Court Disposition

Appeal dismissed; all grounds rejected.

Orders

  • The Amended Summons is dismissed.
  • The plaintiffs are to pay the first defendant's costs of the proceedings as agreed or assessed.