Maria Saravinovksa v Krste (Chris) Saravinovski; Chris Saravinovski v George Saravinovski (No 7) [2016] NSWSC 1261

Maria Saravinovksa v Krste (Chris) Saravinovski; Chris Saravinovski v George Saravinovski (No 7) [2016] NSWSC 1261

A global costs order of 75% in favour of Maria and George and against Chris was just, given the substantial overlap between the cases and their overall success; interest on those costs should run at the respective rate applicable to Maria and George's litigation loan from the date costs are paid; Chris is entitled to a time-limited buyout opportunity at a valuation before sale/trustee appointment under s 66G is triggered; Chris' application for a stay was refused due to absence of formulated appeal grounds and because the staged buyout/sale process did not disadvantage him pending any further appeal.

Jurisdiction
Australia
Judgment Date
13 September 2016
Procedural Posture
Equity Multiple Proceedings (including Costs and Property Adjustment) / Post Judgment Applications for Costs, Interest, Partition and Stay
Outcome
Chris to pay 75% of Maria and George's costs; orders for valuation and possible buyout ahead of sale; stay refused.
Legal Topics
['costs Orders' 'interest on Costs' 'partition and Trustees for Sale' 'stay Pending Appeal' 'property Adjustment Under Property (relationships) Act']
['equity' 'costs' 'real Property' 'civil Procedure'] ['costs Orders' 'interest on Costs' 'partition and Trustees for Sale' 'stay Pending Appeal' 'property Adjustment Under Property (relationships) Act']

Case Brief

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Procedural Posture

Equity Multiple Proceedings (including Costs and Property Adjustment) / Post Judgment Applications for Costs, Interest, Partition and Stay

Legal Issues

  1. 1 ['Appropriate apportionment of costs given multiple related proceedings and mixed success' 'Entitlement to interest on costs at a higher (loan) rate' 'Application of s 66G for trustees for sale versus alternative buyout procedure' 'Criteria for granting a stay of judgment pending appeal']

Ratio Decidendi

A global costs order of 75% in favour of Maria and George and against Chris was just, given the substantial overlap between the cases and their overall success; interest on those costs should run at the respective rate applicable to Maria and George's litigation loan from the date costs are paid; Chris is entitled to a time-limited buyout opportunity at a valuation before sale/trustee appointment under s 66G is triggered; Chris' application for a stay was refused due to absence of formulated appeal grounds and because the staged buyout/sale process did not disadvantage him pending any further appeal.

Court Disposition

Chris to pay 75% of Maria and George's costs; orders for valuation and possible buyout ahead of sale; stay refused.

Orders

  • ["Chris Saravinovski to pay 75% of the costs of Maria Saravinovska and George Saravinovski (including today's costs)." 'Interest on those costs to run at the prescribed rate or, for sums paid from HSIL loan, at the actual loan rate from the date paid.' 'Chris to pay 75% of hearing fees (with payment deferment...