Diakovasili & Anor v Order of AHEPA NSW Incorporated [2023] NSWSC 1429

Supreme Court New South Wales

Medium Neutral Citation: Diakovasili & Anor v Order of AHEPA NSW Incorporated [2023] NSWSC 1429 Hearing dates: Last written submissions 15 November 2023 Date of orders: 22 November 2023 Decision date: 22 November 2023 Jurisdiction: Equity - Corporations List Before: Black J Decision: Declare that Plaintiffs are not entitled to commence proceedings in specified form; order that Plaintiffs pay the costs of the proceedings as agreed or as assessed. Catchwords: ASSOCIATIONS AND CLUBS — General law derivative action — Where two members of incorporated association seek declaration as to entitlement to commence derivative proceedings at general law — Whether a declaration should be made to give effect to Court's findings. COSTS — Party/Party — General rule that costs follow the event —whether hearing should be excluded from costs order Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98 - Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: - Ballam & Ors v Ferro & Anor (No 2) [2022] NSWSC 1358 - Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 - Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Category: Costs Parties: Litsa Diakovasili (First Plaintiff) Demetrios James Antonakos (Second Plaintiff) Order of AHEPA NSW Incorporated (Defendant) Representation: Counsel: M Friedgut/F Di Lizia/M Meares (First and Second Plaintiff) F Corsaro SC/A Rizk (Defendant)