Kyriacou v Raphis Securities Pty Ltd (No 2) [2022] NSWSC 339

Supreme Court New South Wales

Medium Neutral Citation: Kyriacou v Raphis Securities Pty Ltd (No 2) [2022] NSWSC 339 Hearing dates: On the papers Decision date: 25 March 2022 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order that the first and second respondents to the amended notice of motion dated 25 January 2022 and filed in Court on 2 February 2022 (the consolidated motion) pay 25% of the costs of the plaintiffs in the Raphis Proceeding of and incidental to the consolidation motion, such costs to be payable on the ordinary basis. 2. Order that the plaintiffs in the Raphis Proceeding pay the costs of the ninth and tenth respondents to the amended notice of motion filed on 24 November 2021 (the amendment motion) limited to the costs of and incidental to preparation for the amendment motion (but not their attendance in court on 2 February 2022). 3. Order that the plaintiffs in the Raphis Proceeding pay the costs of each of: the third respondent to the consolidated motion; the ninth and tenth respondents to the consolidated motion; and the fourteenth, fifteenth, seventeenth and eighteenth respondents to the consolidated motion, being the costs of and incidental to the consolidated motion, such costs to be payable on the ordinary basis. Catchwords: COSTS – Party/Party – General rule that costs follow the event – Application of the rule and discretion Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 98(1) Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: Khoury v Sidhu [2011] FCA 857 Kyriacou v Raphis Securities Pty Ltd [2022] NSWSC 196 Petar v Macedonian Orthodox Community Church St Pekta Inc (No 2) [2007] NSWCA 142 Category: Costs Parties: George Kyriacou (First Plaintiff on the Notice of Motion) Filomena Kyriacou (Second Plaintiff on the Notice of Motion) Angelo Phillip Russo (First Respondent to the Notice of Motion) Phillip Angelo Russo (Second Respondent to the Notice of Motion) Wentworth Williams Auditors Pty Ltd (Third Respondent to the Notice of Motion) Mahesh Mora (Fourth Respondent to the Notice of Motion) Lux Advisory Pty Ltd (Fifth Respondent to the Notice of Motion) Viribus Partners Pty Ltd (Sixth Respondent to the Notice of Motion) Wentworth Williams Advisory Services Pty Ltd (Seventh Respondent to the Notice of Motion) Linda Westacott (Eighth Respondent to the Notice of Motion) Reliance Financial Services Pty Ltd (Ninth Respondent to the Notice of Motion) Accolade Advisory Pty Ltd (Tenth Respondent to the Notice of Motion) John Kyriacou (Eleventh Respondent to the Notice of Motion) NSW Trustee and Guardian (Twelfth Respondent to the Notice of Motion) Perpetual Trustee Company Limited (Thirteenth Respondent to the Notice of Motion) Raphis Securities Pty Ltd (Fourteenth Respondent to the Notice of Motion) Somersby Aust Pty Ltd (Fifteenth Respondent to the Notice of Motion) Shoebill Pty Ltd (Sixteenth Respondent to the Notice of Motion) Sam Cassaniti (Seventeenth Respondent to the Notice of Motion) CB Cuckoo Pty Ltd (Eighteenth Respondent to the Notice of Motion) VHM Asset Holdings Pty Ltd (Nineteenth Respondent to the Notice of Motion) Representation: Counsel: A McInerney SC and J Simpkins (Plaintiffs/Applicants on notice of motion) A Bailey (1st and 16th Respondents to notice of motion) A Duc (3rd Respondent to notice of motion) M Castle (9th and 10th Respondents to notice of motion) U Zafiris (11th Respondent to notice of motion) DL Cook SC with Ms M Dolenec (14th, 15th, 17th and 18th Respondents to notice of motion)