Kyriacou v Makis (No 2) [2021] NSWSC 802

Supreme Court New South Wales

Medium Neutral Citation: Kyriacou v Makis (No 2) [2021] NSWSC 802 Hearing dates: On the papers Date of orders: 1 July 2021 Decision date: 01 July 2021 Jurisdiction: Equity Before: Robb J Decision: See pars [15] and [23]-[25]. Save for any costs orders that have been made to date, the costs of the proceedings to the point of the delivery of judgment handed down on 9 February 2021 are reserved. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Where first defendant, while successful at the primary hearing, serially failed to comply with case management orders to file a cross claim in a manner that amounted to a breach of s 56 of the Civil Procedure Act 2005 (NSW) — Where cross claim filed after conclusion of primary hearing necessitating further prolonged litigation — Where the Court found that it would not be appropriate to make a costs order in favour of the first defendant Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Kyriacou v Makis [2021] NSWSC 60 Rhino Rack Australia Pty Ltd v Hub Computing Services Pty Ltd [2021] NSWSC 231 Category: Costs Parties: Kyriacos Kyriacou (plaintiff) Andrea Makis (first defendant) Tina Georgiou as Executor of the Estate of the Late George Georgiou (second defendant) Sam Pambris (third defendant) Representation: Counsel: J Darvall (plaintiff) B May (first defendant)

Solicitors: Valenti & Valenti Solicitors (plaintiff) Allsop Glover Solicitors (first defendant) File Number(s): 2018 / 81547