TROULIS and ANOR v VAMVOUKAKIS and ANOR [1998] NSWCA 236

TROULIS v VAMVOUKAKIS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, MASON P and STEIN JA 6 May 1998

[1998] NSWCA 236

Gleeson CJ, Mason P and Stein JA On 27 February 1998 we delivered our reasons for judgment in this appeal, but we refrained from making orders, giving the parties further time to file written submissions as to the formal orders, including orders as to costs, which should be made to give effect to our reasons. Those written submissions have now been received and considered.

The only area of substantial disagreement between the parties related to the question of costs.

The relevant considerations have been canvassed at length in the written submissions. We do not intend to go over them in detail, but we note the following features of the case which are included amongst the matters of significance.

The respondents, as plaintiffs in the court below, were ultimately held to be entitled to judgment for $21,020.43.

There were multiple issues in dispute at the trial, on which both sides achieved a measure of success.

The appellants were substantially successful on the appeal. However, most of the points they raised were decided against them. They succeeded on the argument as to damages raised on pll and p12 of the written outline of submissions filed in advance of the appeal. That argument was met, and an attempt to answer it was provided, in para6 of the outline of submissions for the respondent filed in advance of the appeal. The point was argued at length in oral argument and occupied a significant part of the hearing time of the appeal. (No objection was taken at the time that the point was not covered by a ground of appeal. Such an objection was raised recently. In the circumstances, we will include an order giving the appellants leave to amend their notice of appeal).