Gouros & Ors v Order of AHEPA NSW Incorporated; Order of AHEPA NSW Incorporated v Gouros & Ors [2023] NSWSC 1502

Supreme Court New South Wales

Medium Neutral Citation: Gouros & Ors v Order of AHEPA NSW Incorporated; Order of AHEPA NSW Incorporated v Gouros & Ors [2023] NSWSC 1502 Hearing dates: Last written submissions dated 22 November 2023 Date of orders: 4 December 2023 Decision date: 04 December 2023 Jurisdiction: Equity - Corporations List Before: Black J Decision: Gouros & Ors v Order of AHEPA NSW Incorporated (2021/300669) No order as to costs of proceedings up to and including 20 September 2023; Plaintiffs pay the First and Third to Tenth Defendants' costs after that date to 3 October 2023 inclusive, as agreed or as assessed; no order as to the costs of submissions as to orders and costs. Order of AHEPA NSW Incorporated v Gouros & Ors (2021/259327) No order as to costs. Catchwords: COSTS – Party/party – General rule that costs follow the event – Where parties narrowed the issues in dispute after the hearing of this proceeding commenced – Where defendant successful in defence of issues contested in hearing – Whether order for costs should be made for period prior to narrowing of issues. Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98 - Corporations Act 2001 (Cth), s 175 - Uniform Civil Procedure Rules 2005 (NSW), rr 12.10, 42.1 Cases Cited: - Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 - Ballam & Ors v Ferro & Anor (No 2) [2022] NSWSC 1358 - Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 - Chapman v Luminis [2003] FCAFC 162 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Galati v Deans (No 2) [2023] NSWCA 252 - Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 - Nadilo v Eagleton [2021] NSWCA 232 - Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 - One.Tel Ltd v Commissioner of Taxation (2000) 101 FCR 548; (2000) 171 ALR 227; [2000] FCA 270 - Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 - Re HCafe Chatswood Pty Ltd [2018] NSWSC 362 - Re Lorebray Pty Ltd [2021] NSWSC 1712 - Re Minister for Education and Ethnic Affairs: Ex Parte Lai Qin (1997) 186 CLR 624; [1997] HCA 6 - Re Sunnyside Bettoni Pty Ltd (No 2) [2020] NSWSC 1886 Category: Costs Parties: Gouros & Ors v Order of AHEPA NSW Incorporated (2021/300669)