Leung v Alexakis

Introduction

1. On 5 January 2018 the Appeal Panel published orders and reasons for decision in Leung v Alexakis [2018] NSWCATAP 11 (appeal decision).
2. In that decision, the appeal was allowed in part and the orders made on 31 March 2017 in application HB 15/39098 were varied.
3. In making those orders, the Appeal Panel made a conditional order, order 3, that each party was to pay their own costs of the appeal. That order was conditional upon either party making an application for costs seeking a different order to that which had been proposed. Such application was required to be made within 14 days from the date the original decision was published.
4. The respondent to the appeal made such an application. That application was lodged on 22 January 2018. The written submissions in support of its application for costs were dated 19 January 2018.
5. The appellants did not provide any written submissions in response to the application. Upon enquiry from the Registry, the Appeal Panel was informed the appellants did not intend to provide any submissions in reply.
6. Following some further correspondence from the appellant, the Appeal Panel was concerned that the appellant was under a misapprehension as to the effect of the order originally made and/or that the parties should have a chance to deal with the fact that the application for costs was apparently made out of time. Directions were made to permit further submissions. Submissions were subsequently received from the respondent seeking an extension of time and supporting its earlier application for costs. No submissions were received from the appellant.