Rahman v Al-Maharmeh (No 2) [2021] NSWCA 151

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rahman v Al-Maharmeh (No 2) [2021] NSWCA 151 Hearing dates: On the papers Date of orders: 21 July 2021 Decision date: 21 July 2021 Before: Meagher JA at [1]; Leeming JA at [2]; Brereton JA at [3]. Decision: (1) As between the appellant and the respondent, make no order as to costs of the proceedings in the District Court on the appellant's motion filed 3 October 2019 and the respondent's motion filed 28 August 2019, or of the proceedings in this Court, to the intent that each party bear its own costs; and (2) Pursuant to (NSW) Civil Procedure Act 2005, s 99, order that all costs and disbursements (including counsel's fees) of the proceedings referred to in order (1) be disallowed as between Prominent Lawyers and the appellant, to the intent that the disbursements (including counsel's fees) are to be borne by Prominent Lawyers. Catchwords: COSTS – Party/Party – Appeals – Appeal against refusal of leave to commence proceedings out of time – Delay attributable to appellant's solicitors – Unsatisfactory explanation for delay – Respondent opposed application and led court below into error – Costs not sought by respondent against appellant – No order as to costs between parties COSTS – Appeals – Orders against non-parties – Personal costs orders against lawyers – As between respondent and appellant's solicitors – Solicitors acted negligently – Respondent increased costs considerably by opposing application – Orders not made COSTS – Appeals – Orders against non-parties – Personal costs orders against lawyers – As between appellant and appellant's solicitors – Costs incurred without reasonable cause – Relevance of undertaking by solicitors to not seek costs against appellant – Orders made Legislation Cited: (NSW) Civil Procedure Act 2005, ss 98, 99 (NSW) Motor Accidents Compensation Act 1999, s 109 Cases Cited: Felicity, Re; FM v Secretary, Department of Family and Community Services (No 4) [2015] NSWCA 19 Kelly v Jowett (2009) 76 NSWLR 405; [2009] NSWCA 278 Lemoto v Able Technical Pty Ltd (2005) 63 NSWLR 300; [2005] NSWCA 153 Rahman v Al-Maharmeh (2021) 95 MVR 394; [2021] NSWCA 31 Ridehalgh v Horsefield [1994] Ch 205; 3 All ER 848 Category: Costs Parties: Samar Abdul Rahman (Appellant) Sarah Al-Maharmeh (Respondent) Representation: Counsel: J Morris SC, G Schipp (Appellant) J Turnbull SC (Respondent) L Williams, solicitor (Prominent Lawyers)