Tzavaras v Tzavaras & Sons Pty Ltd (No 2) [2023] NSWCA 222

Tzavaras v Tzavaras & Sons Pty Ltd (No 2) [2023] NSWCA 222

The Court did not overlook the appellant’s submissions, as they were addressed in the original reasons and reflected the manner in which the case was argued at both trial and appeal; therefore, the application to set aside the orders is dismissed with costs. The appellant’s only success related to a minor issue which did not justify disturbing costs orders.

Jurisdiction
Australia
Judgment Date
14 September 2023
Procedural Posture
Appeal / Post Judgment (application to Set Aside Orders and Costs)
Outcome
Notice of motion dismissed with costs; tentative costs order that appellant bear respondents’ costs, subject to submissions.
Legal Topics
['setting Aside Orders' 'appeal Costs' 'family Trust' 'oppression in Companies' 'distribution of Trust Profits']
['civil Procedure' 'equity'] ['setting Aside Orders' 'appeal Costs' 'family Trust' 'oppression in Companies' 'distribution of Trust Profits']

Case Brief

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Procedural Posture

Appeal / Post Judgment (application to Set Aside Orders and Costs)

Legal Issues

  1. 1 ['Whether the Court overlooked the appellant’s submissions regarding distribution of Family Trust profits' 'Whether the orders made on 25 July 2023 should be set aside' "Whether the appellant should pay the respondents' costs for the appeal and trial"]

Ratio Decidendi

The Court did not overlook the appellant’s submissions, as they were addressed in the original reasons and reflected the manner in which the case was argued at both trial and appeal; therefore, the application to set aside the orders is dismissed with costs. The appellant’s only success related to a minor issue which did not justify disturbing costs orders.

Court Disposition

Notice of motion dismissed with costs; tentative costs order that appellant bear respondents’ costs, subject to submissions.

Orders

  • ['The notice of motion filed on 8 August 2023 be dismissed, with costs.' "If the appellant opposes the Court's tentative proposal to make orders that he bear the respondents' costs of the appeal and of the trial, he should within 48 hours hereof file and serve a brief outline of submissions, not exceeding two...