Elmasri v Transport for NSW (No 2) [2021] NSWSC 1208

Supreme Court New South Wales

Medium Neutral Citation: Elmasri v Transport for NSW (No 2) [2021] NSWSC 1208 Hearing dates: 16 September 2021 Date of orders: 24 September 2021 Decision date: 24 September 2021 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: (1) The plaintiffs pay the defendant's costs of the proceedings other than: (a) The defendant's notice of motion filed 13 July 2021 seeking orders that compliance with the plaintiff's notice to produce issued 11 July 2021 be dispensed with; (b) The notice of motion filed by the defendant on or about 23 June 2021 seeking the expedition of the proceedings; (c) The application by the defendant for orders under the Court Suppression and Non-publication Orders Act 2010. (2) Vary order 2 made on 25 June 2021 in relation to the notice of motion filed 23 June 2021 and order that each party pay their own costs of the motion. (3) Each party pay their own costs of: (a) The defendant's notice of motion filed 13 July 2021 seeking orders that compliance with the plaintiff's notice to produce issued 11 July 2021 be dispensed with; and (b) The application by the defendant for orders under the Court Suppression and Non-publication Orders Act 2010. Catchwords: COSTS – expedited hearing challenging validity of proposed acquisition notice – offers of compromise made in context of urgent hearing – whether time made available for acceptance reasonable – Calderbank letters – whether plaintiffs' refusal was unreasonable – whether proceeding public interest litigation Legislation Cited: Court Suppression and Non-publication Orders Act 2010 Land Acquisition (Just Terms Compensation) Act 1991 Uniform Civil Procedure Rules 2005 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Elmasri v Transport for NSW [2021] NSWSC 929 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2008] NSWCA 85 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Oshlack v Richmond River Council (1998) 193 CLR 72 Valmont Interiors Pty Ltd v Giorgio Armani Australia Pty Ltd (No 3) [2021] NSWCA 160 Category: Costs Parties: Omar Elmasri (First Plaintiff) Laila Elmasri (Second Plaintiff) Transport for NSW (Defendant) Representation: Counsel: S Prince SC; T Wong (Plaintiffs) B Tronson; M Harker (Defendant)