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

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Slaveski v Nanevski Developments Pty Ltd (No 2) [2023] NSWCA 170 Hearing dates: On the papers Date of orders: 27 July 2023 Decision date: 27 July 2023 Before: Meagher JA; Kirk JA; Griffiths AJA Decision: (1) Set aside orders 17 and 18 made by the Supreme Court on 6 September 2022 relating to costs of the proceedings below, and in lieu thereof: (a) The cross-claimants are to pay the costs of Tom Nanevski on the cross-claim. (b) The defendants are to pay 75% of the plaintiff's costs of proceedings 2019/153341 up until 30 August 2022, including as regards the cross-claim, noting that this order does not affect any costs the subject of a separate costs order. Catchwords: COSTS — Determination — Review/appeal — Allocation of costs for claim and cross-claim in proceedings below — Where cross-defendant not joined to the appeal — Degree of success and resources expended Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(1) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Allianz Australia Insurance Ltd v Rawson Homes Pty Ltd (No 2) [2021] NSWCA 334 DSHE Holdings Ltd (Receivers and Managers) (in liq) v Potts (No 2) [2022] NSWCA 258 Slaveski v Nanevski Developments Pty Ltd [2023] NSWCA 145 Category: Principal judgment Parties: Ken Slaveski (First Appellant) Biljana Slaveski (Second Appellant) James Slaveski (Third Appellant) Mega-Top Cargo Pty Ltd (Fourth Appellant)