IN THE SUPREME COURT OF VICTORIA AT MELBOURNE COMMERCIAL COURT JUDICIAL REVIEW AND APPEALS LIST S 2016 03782 BETWEEN THANASIS RAPTIS Plaintiff and CITY OF MELBOURNE First Defendant 333 CHOICE PROPERTIES PTY LTD (ACN 076 486 472) Second Defendant GENERAL FORM OF ORDER JUDGE:

The Honourable Justice Croft

DATE MADE:

23 June 2017

ORIGINATING PROCESS: Notice of appeal dated 29 May 2017. HOW OBTAINED:

Plaintiff’s summons dated 22 June 2017

ATTENDANCE:

Mr Thanasis Raptis, plaintiff Ms Tiphanie Acreman of counsel on behalf of the first defendant Mr Cam Truong of counsel on behalf of the second defendant

OTHER MATTERS:

The Court dismissed the proceeding as against the second defendant and struck out the originating process as against the first respondent with detailed reasons given on 10 May 2017 in [2017] VSC 247 (Judgment). On 11 May 2017, the Court made orders allowing for the sequential filing of written submissions on the question of costs. On 30 May 2017, the Court made a costs determination on the question of special cost orders (Costs Determination).

2

This appeal solely concerns the question of costs. There is no appeal of any aspect of the Judgment save for paragraph [62] which concerns costs. The questions in the appeal are: 1.

Did his Honour err in finding at paragraph [62] of the Judgment that costs follow the event?

2.

Should costs follow the event either in part or in full?

3.

Did his Honour err in finding in the Cost Determination that that the plaintiff pay the second defendant’s costs of its summons filed on 10 November 2016 and of its application for special cost orders on the indemnity basis?

(the appeal questions) THE COURT ORDERS THAT: 1

The plaintiff’s notice of appeal dated 29 May 2017 to determine to the appeal questions is listed for hearing on 17 August 2017.

2

The plaintiff file and serve any written submissions (limited to 10 pages) by on or before 4pm on 30 June 2017;

3

The first and second defendants file and serve any written submissions in response (limited to 10 pages) by on or before 14 July 2017;

4

The plaintiff file and serve any written submissions in reply (limited to 5 pages) by on or before 21 July 2017.

5

Costs reserved.

DATE AUTHENTICATED: THE HONOURABLE JUSTICE CROFT