Lianos v Order of AHEPA NSW Inc (No 5) [2021] NSWCA 317

Lianos v Order of AHEPA NSW Inc (No 5) [2021] NSWCA 317

Although the August 2021 Orders were made to rectify a misapprehension of the Court and the Eight Chapters achieved limited success in having orders varied, the Reopening Application raised significant further issues on which the Dissenting Members were successful, including joinder and reopening. The Eight Chapters should therefore pay 50% of the Dissenting Members' costs, and no costs order should be made between the Dissenting Members and the Association because the Association advanced no submissions of its own and its relationship with the Eight Chapters was symbiotic.

Jurisdiction
Australia
Judgment Date
15 December 2021
Procedural Posture
Costs in an Appeal Concerning Unsuccessful Applications for Joinder and Reopening of Appeal After Appeal Decision Handed Down / Determination on the Papers of Reserved Costs of the Reopening Application After August 2021 Orders Varying the November 2020 Orders
Outcome
The Eight Chapters were ordered to pay 50% of the costs of the Dissenting Members; no costs order was made as between the Dissenting Members and the Association.
Legal Topics
['party/party Costs' 'costs Discretion' 'costs Follow the Event' 'joinder' 'reopening Appeal' 'variation of Orders']
['civil Procedure' 'costs' 'appeals'] ['party/party Costs' 'costs Discretion' 'costs Follow the Event' 'joinder' 'reopening Appeal' 'variation of Orders']

Case Brief

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Procedural Posture

Costs in an Appeal Concerning Unsuccessful Applications for Joinder and Reopening of Appeal After Appeal Decision Handed Down / Determination on the Papers of Reserved Costs of the Reopening Application After August 2021 Orders Varying the November 2020 Orders

Legal Issues

  1. 1 ['Whether the Eight Chapters or the Dissenting Members should receive costs of the Reopening Application.' 'Whether the limited variation of the November 2020 Orders justified treating the Eight Chapters as successful for costs purposes.' 'Whether a costs order should be made as between the Dissenting Members and the Association.']

Ratio Decidendi

Although the August 2021 Orders were made to rectify a misapprehension of the Court and the Eight Chapters achieved limited success in having orders varied, the Reopening Application raised significant further issues on which the Dissenting Members were successful, including joinder and reopening. The Eight Chapters should therefore pay 50% of the Dissenting Members' costs, and no costs order should be made between the Dissenting Members and the Association because the Association advanced no submissions of its own and its relationship with the Eight Chapters was symbiotic.

Court Disposition

The Eight Chapters were ordered to pay 50% of the costs of the Dissenting Members; no costs order was made as between the Dissenting Members and the Association.

Orders

  • ['Order that the applicants (the Eight Chapters) pay 50% of the costs of the first to third respondents (the Dissenting Members).' 'No costs order as between the first to third respondents (the Dissenting Members) and the fourth respondent (the Association).']