Kalls Enterprises Pty Ltd (In Liquidation) & Ors v Baloglow & Anor (No 2) [2007] NSWCA 277

Kalls Enterprises Pty Ltd (In Liquidation) & Ors v Baloglow & Anor (No 2) [2007] NSWCA 277

The Court accepted Mr Kaliaropoulos' submission that, if the appellants had succeeded at the trial, the trial judge would have ordered that the $5,000 be paid to him; the appellants had not contested the question identified in the earlier reasons. Accordingly, the orders made on 9 August 2007 stood unchanged and no repayment order was made.

Jurisdiction
Australia
Judgment Date
10 October 2007
Procedural Posture
Costs Application Concerning Repayment of Amount Paid Into Court / Court of Appeal, Post Judgment Notice of Motion Determined on Written Submissions
Outcome
Orders made on 9 August 2007 stand unchanged; appellants ordered to pay Mr Kaliaropoulos' costs of the notice of motion filed on 23 August 2007.
Legal Topics
['repayment of Amount Paid Into Court' 'bullock Order' 'special Costs Order' 'costs of Notice of Motion']
['civil Procedure' 'costs'] ['repayment of Amount Paid Into Court' 'bullock Order' 'special Costs Order' 'costs of Notice of Motion']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Application Concerning Repayment of Amount Paid Into Court / Court of Appeal, Post Judgment Notice of Motion Determined on Written Submissions

Legal Issues

  1. 1 ["Whether the appellants were entitled to repayment of $5,000 paid into court by the plaintiffs' litigation funder and ordered to be paid to Mr Kaliaropoulos." 'Whether, if the trial judge had not made the Bullock order, he would or should have made a special costs order involving payment of the $5,000 to Mr Kaliaropoulos.']

Ratio Decidendi

The Court accepted Mr Kaliaropoulos' submission that, if the appellants had succeeded at the trial, the trial judge would have ordered that the $5,000 be paid to him; the appellants had not contested the question identified in the earlier reasons. Accordingly, the orders made on 9 August 2007 stood unchanged and no repayment order was made.

Court Disposition

Orders made on 9 August 2007 stand unchanged; appellants ordered to pay Mr Kaliaropoulos' costs of the notice of motion filed on 23 August 2007.

Orders

  • ['Orders made on 9 August 2007 stand unchanged.' "The appellants pay Mr Kaliaropoulos' costs of the notice of motion filed on 23 August 2007."]