Cassaniti v Katavic (No 3) [2023] NSWCA 247

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cassaniti v Katavic (No 3) [2023] NSWCA 247 Hearing dates: On the papers Date of orders: 18 October 2023 Decision date: 18 October 2023 Before: Gleeson JA at [1] Kirk JA at [26] Adamson JA at [27] Decision: CA2022/261720 (Leave to appeal) (1) Subject to order (2) made on 23 May 2023, there be no order as to costs of the summons seeking leave to appeal. CA2022/204856 (Appeal proceedings) (1) The first respondent (Mr Katavic) to pay one-third of the appellants' costs of the appeal. (2) The second appellant (Ms Morvillo) to pay 50 per cent of the first and second respondents' costs of the appeal. (3) There be no order as to costs of the summons seeking leave to appeal as between the applicants and the first and second respondents. (4) The second appellant (Ms Morvillo) to pay the first, second and third respondents' costs of the notice of motion filed 5 October 2022. (5) There be no order as to costs of the argument as to costs, to the intent that each party bears its own costs. Catchwords: COSTS — Costs on appeal — Where appeal allowed in part — Apportionment of costs where mixed outcome on appeal — Where lack of commonality between parties interested in successful and unsuccessful parts of appeal — Whether separate orders or one set of costs appropriate Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 Australian Consumer Law, s 18 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 51.41 Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Cassaniti v Katavic [2022] NSWCA 230 Cassaniti v Katavic (No 2) [2023] NSWCA 107 Commonwealth of Australia v Gretton [2008] NSWCA 117 Calvo v Ellimark Pty Ltd (No 2) [2016] NSWCA 197 Category: Costs Parties: Sam Cassaniti (First appellant) Nancy Morvillo (Second appellant) Dennis Katavic (First respondent) Antalija Developments No 4 Pty Ltd (Second respondent) Jocelyn Katavic (Third respondent) Representation: Counsel: Mr M Ashhurst SC / Mr D A Allen Mr T Alexis SC / Mr A L Oakes