Slaveski v Nanevski Developments Pty Ltd (No 2) [2023] NSWCA 170

Slaveski v Nanevski Developments Pty Ltd (No 2) [2023] NSWCA 170

The Court determined that, taking account of the parties' respective degrees of success and the resources expended, the defendants should pay 75% of the plaintiff’s costs of the proceedings below up to 30 August 2022, including as regards the cross-claim, and the cross-claimants should pay Tom Nanevski's costs of the cross-claim.

Parties
First Appellant: Ken Slaveski; Second Appellant: Biljana Slaveski; Third Appellant: James Slaveski; Fourth Appellant: Mega-Top Cargo Pty Ltd; Respondent: Nanevski Developments Pty Ltd; Cross Defendant: Tom Nanevski
Jurisdiction
Australia
Judgment Date
27 July 2023
Procedural Posture
Appeal / Final Orders on Costs After Appeal
Outcome
Orders for costs below set aside and replaced
Legal Topics
Costs, Appeal, Cross Claim, Discretion of Court in Costs Allocation
Civil Procedure Costs Appeal Cross Claim Discretion of Court in Costs Allocation

Case Brief

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Parties

Ken Slaveski

First Appellant

Biljana Slaveski

Second Appellant

James Slaveski

Third Appellant

Mega-Top Cargo Pty Ltd

Fourth Appellant

Nanevski Developments Pty Ltd

Respondent

Tom Nanevski

Cross Defendant

Procedural Posture

Appeal / Final Orders on Costs After Appeal

Legal Issues

  1. 1 Proper allocation of costs between claim and cross-claim after appeal
  2. 2 Entitlement to costs for non-appealing cross-defendant
  3. 3 Proportion of costs to be paid by defendants, considering partial success

Ratio Decidendi

The Court determined that, taking account of the parties' respective degrees of success and the resources expended, the defendants should pay 75% of the plaintiff’s costs of the proceedings below up to 30 August 2022, including as regards the cross-claim, and the cross-claimants should pay Tom Nanevski's costs of the cross-claim.

Court Disposition

Orders for costs below set aside and replaced

Orders

  • Set aside orders 17 and 18 made by the Supreme Court on 6 September 2022 relating to costs of the proceedings below.
  • The cross-claimants are to pay the costs of Tom Nanevski on the cross-claim.