Prapas v Karageorge [2020] NSWSC 54

Supreme Court New South Wales

Medium Neutral Citation: Prapas v Karageorge [2020] NSWSC 54 Hearing dates: On the papers Date of orders: 10 February 2020 Decision date: 10 February 2020 Jurisdiction: Equity Before: Darke J Decision: First defendant ordered to pay the plaintiffs' costs of the proceedings. Catchwords: COSTS – proceedings to enforce obligation to register new lease – proceedings resolved without a determination on the merits – first defendant under a clear obligation to ensure that new lease to plaintiffs was registered – first defendant failed over a number of months to discharge obligation – plaintiffs would almost certainly have succeeded if matter had needed to go to final hearing – conduct of first defendant unreasonable – first defendant ordered to pay plaintiffs' costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Real Property Act 1900 (NSW), s 74MA Cases Cited: Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Category: Costs Parties: Jim Prapas (First Plaintiff) Nick Prapas (Second Plaintiff) Frederiki Prapas (Third Plaintiff) Foti Prapas (Fourth Plaintiff) Stergios Prapas (Fifth Plaintiff) Helen Karageorge (First Defendant) Kingsway Developments Cronulla Pty Ltd (Second Defendant) Representation: Counsel: Mr A F Fernon (Plaintiffs) Mr A Bailey (First Defendant)

Solicitors: Gibara Lawplus Lawyers (Plaintiffs) Constantine & Co Solicitors (First Defendant) File Number(s): 2019/322790 Publication restriction: None