Galati v Deans (No 2) [2023] NSWCA 252

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Galati v Deans (No 2) [2023] NSWCA 252 Hearing dates: On the papers Date of orders: 24 October 2023 Decision date: 24 October 2023 Before: White JA; Basten AJA Decision: (1) With respect to the costs of the appeal, order that the respondents pay 50% of the appellant's costs in this Court. (2) With respect to the costs of the plaintiff's statement of claim in the Equity Division, order that the defendants pay 30% of the plaintiff's costs of that proceeding, noting that: (i) interlocutory costs orders made in the Equity Division are not affected; and (ii) order 4 made in the Equity Division as to the costs of the fourth amended cross-claim is not affected. Catchwords: PRACTICE AND PROCEDURE – costs – whether costs should follow the event – identifying "event" – party obtaining relief unsuccessful on certain issues – whether to be deprived of proportion of costs – reassessing costs of trial Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Supreme Court Act 1970 (NSW), s 45AA Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Baker v Towle [2008] NSWCA 73 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Bowen Investments Pty Ltd v Tabcorp Holdings Ltd (No 2) [2008] FCAFC 107 Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 Galati v Deans [2023] NSWCA 13 Oikos Constructions Pty Ltd t/as Lars Fischer Construction v Ostin (No 2) [2021] NSWCA 98 State of New South Wales v Stanley [2007] NSWCA 330 Category: Costs Parties: Dominic Gerardo Galati (Appellant) Robert Paton Deans (First Respondent) Fishbank Development Corporation Pty Limited (Second Respondent) TRHS Pty Ltd (Third Respondent) Felan's Fisheries Pty Ltd (Fourth Respondent) Trading Australia Pty Ltd (in liq) (Fifth Respondent) Representation: Counsel: P Herzfeld SC / G Drew (Appellant) G K Burton SC / P Barham (First to Fourth Respondents)