Muriniti v Kalil [2021] NSWCA 81

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Muriniti v Kalil [2021] NSWCA 81 Hearing dates: 1 March 2021 Date of orders: 1 March 2021 Decision date: 01 March 2021 Before: Brereton JA Decision: (1) Enforcement of any award made by a costs assessor or a review panel on the application for costs assessment currently pending under the orders of Wass DCJ made on 24 July 2020 be stayed until the hearing of the application for leave to appeal; and (2) Costs of the application be costs in the application for leave to appeal. Catchwords: JUDGMENTS AND ORDERS – Court of Appeal – Stay of District Court costs orders – Where stay would halt costs assessment process – Where restitution available for costs incurred during assessment process – Where process well-advanced – Stay refused JUDGMENTS AND ORDERS – Court of Appeal – Stay of anticipated costs assessment award – Where enforcement likely to cause considerable inconvenience and financial stress – Where risk of non-recoverability resolved by undertaking – Where no evidence of hardship – Stay granted Legislation Cited: (NSW) Civil Procedure Act 2005, s 99 (NSW) Uniform Civil Procedure Rules 2005, r 51.54 Category: Procedural rulings Parties: Leonardo Carlo Muriniti (First Applicant) Robert Duane Newell (Second Applicant) Mahmoud Kalil (First Respondent) Kylie Eather (Second Respondent) Representation: Counsel: R Newell (Solicitor) (Applicants) K P Smark SC (Respondents)

Solicitors: L C Muriniti & Associates (Applicants) Goldsmith Lawyers (Respondents) File Number(s): 2020/234084