Lafiatis & Anor v Makris (RLD) [2007] NSWADTAP 62

Lafiatis & Anor v Makris (RLD) [2007] NSWADTAP 62

The appellants failed to comply with orders, appear at hearings, or prosecute their appeal despite ample notice, which constitutes special circumstances warranting an award of costs in retail leases proceedings.

Parties
Appellant: George Lafiatis; Appellant: Vicky Lafiatis; Respondent: Zois Makris
Jurisdiction
Australia
Judgment Date
22 October 2007
Procedural Posture
Appeal / Costs Determination After Dismissal for Want of Prosecution
Outcome
Costs order in favour of respondent
Legal Topics
Costs, Failure to Prosecute, Special Circumstances in Costs Awards
Retail Tenancy Administrative Law Costs Failure to Prosecute Special Circumstances in Costs Awards

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 2 Authorities cited 9 Party arguments 1
Sign in to unlock

Parties

George Lafiatis

Appellant

Vicky Lafiatis

Appellant

Zois Makris

Respondent

Procedural Posture

Appeal / Costs Determination After Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether special circumstances exist to warrant an award of costs against the appellants
  2. 2 Whether failure to prosecute justifies a costs order

Ratio Decidendi

The appellants failed to comply with orders, appear at hearings, or prosecute their appeal despite ample notice, which constitutes special circumstances warranting an award of costs in retail leases proceedings.

Court Disposition

Costs order in favour of respondent

Orders

  • The Appellants are to pay the Respondent's costs of and incidental to this appeal, including the costs reserved at the hearings on 13 June 2007 and 20 June 2007, assessed on a party-party basis.