[6] This was the figure referred to in a letter sent by the respondent's solicitors to the applicants' solicitors on 11 November 2024 at 1:14pm (see paragraph 27 of the Caridakis affidavit). However, in oral argument, counsel for the respondent submitted that, if the judge was minded to make an interim order, 'an order of not less than 60 per cent of the costs which are identified should be made'.

[9] Ibid [22]. See Supreme Court (General Civil Procedure) Rules 2015 r 63.28.

[13] Ibid [27]. See also, paragraph [16] above.

[15] Ibid [29]-[31] (footnotes omitted).

[16] Including Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119, 123; Brookvista Pty Ltd v Meloni [2009] WASCA 180, [27]; Giurina v Greater Geelong City Council [2021] VSCA 341, [16]; Kuksal v Victorian Legal Services Board [2025] VSC 48, [14].

[19] Rule 64.13(3)(b) of the Rules requires an application for leave to rely on further evidence to be filed and served at least 28 days before the hearing of an application for leave to appeal.

[20] See Giles v Jeffrey [2016] VSCA 314, [207] and the cases referred to therein. See also, Pateras v State of Victoria [2017] VSCA 31, [64].

[21] Cargill Australia Ltd v Viterra Malt Pty Ltd [2023] VSCA 301, [63] (Sifris, Walker and Whelan JJA); Gayed v Yuan [2024] VSCA 85, [51] (Beach and Orr JJA).

[22] Li v So [2021] VSCA 32, [75] (Tate, Emerton and Sifris JJA); State of Victoria v Villan [2022] VSCA 106, [40] (Kennedy and Walker JJA).