Tzavaras v Tzavaras & Sons Pty Ltd (No 2) [2023] NSWCA 222

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tzavaras v Tzavaras & Sons Pty Ltd (No 2) [2023] NSWCA 222 Hearing dates: On the papers Date of orders: 14 September 2023 Decision date: 14 September 2023 Before: Gleeson JA; Adamson JA; Griffiths AJA Decision: (1) The notice of motion filed on 8 August 2023 be dismissed, with costs. (2) If the appellant opposes the Court's tentative proposal to make orders that he bear the respondents' costs of the appeal and of the trial, he should within 48 hours hereof file and serve a brief outline of submissions, not exceeding two pages. (3) Final orders as to costs will be made on the papers. Catchwords: CIVIL PROCEDURE – Application to set aside orders – where appellant complains Court overlooked submissions – where appellant fails to account for how case conducted below – where Court did not fail to address complaint in any case COSTS – Party/Party – Appeals – appeal allowed only in relation to minor issue which took up insignificant amount of time and resources – appellant given opportunity to make brief submissions on tentative costs orders Legislation Cited: Conveyancing Act 1919 (NSW), s 66G Corporations Act 2001 (Cth) Cases Cited: Tzavaras v Tzavaras & Sons Pty Ltd [2023] NSWCA 168 Category: Costs Parties: John Tzavaras (Appellant) Tzavaras & Sons Pty Ltd (First Respondent) William Tzavaras (Second Respondent) Peter Tzavaras (Third Respondent) Representation: Counsel: J Baird (Appellant) JC Kelly SC/ L Katsinas (Respondents)