Lianos v Order of AHEPA NSW Inc (No 5) [2021] NSWCA 317

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lianos v Order of AHEPA NSW Inc (No 5) [2021] NSWCA 317 Hearing dates: On the papers Date of orders: 15 December 2021 Decision date: 15 December 2021 Before: Macfarlan JA; Meagher JA; Emmett AJA Decision: (1) Order that the applicants (the Eight Chapters) pay 50% of the costs of the first to third respondents (the Dissenting Members). (2) No costs order as between the first to third respondents (the Dissenting Members) and the fourth respondent (the Association). Catchwords: COSTS – party/party – appeals – unsuccessful applications for joinder and reopening of appeal after appeal decision handed down – limited success of applicants in having orders varied to cure misapprehension of Court – respondents achieved significant measure of success on substantial issues – applicants to pay 50% of the respondents' costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Corporations Act 2001 (Cth), s 440D(1)(b) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Category: Costs Parties: AHEPA Alexandros Incorporated (First Applicant) AHEPA Anatole Incorporated (Second Applicant) AHEPA Antigone Incorporated (Third Applicant) AHEPA Chiron Incorporated (Fourth Applicant) AHEPA Diogenis Incorporated (Fifth Applicant) AHEPA Ippokratis Incorporated (Sixth Applicant) AHEPA Odysseas Elytis Incorporated (Seventh Applicant) AHEPA Platon Incorporated (Eighth Applicant) George Lianos (First Respondent) Luke Kyprios (Second Respondent) Con Gouros (Third Respondent) Order of AHEPA NSW Inc (Administrator Appointed) (Fourth Respondent) Representation: Counsel: F Corsaro SC with LL McGovern (Applicants) M Ashhurst SC with D Meyerowitz-Katz (First to Third Respondents)