NHB Enterprises Pty Ltd v Ghaly [2022] NSWSC 96

Supreme Court New South Wales

Medium Neutral Citation: NHB Enterprises Pty Ltd v Ghaly [2022] NSWSC 96 Hearing dates: On the papers Date of orders: 11 February 2022 Decision date: 11 February 2022 Jurisdiction: Equity Before: Bell P Decision: The Applicants to pay Mr Ghaly's costs of the proceedings. Catchwords: COSTS – party/party – exceptions to general rule that costs follow the event – misconduct of a successful party – including strongly adverse findings as to credit – whether Court should depart from the usual rule that costs follow the event – where decisions on costs turn on their own facts – where successful party had entered into a settlement agreement in respect of the proceedings – where successful party was not the moving party in the proceedings – no departure from general rule – successful party entitled to his costs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: Arian v Nguyen [2001] NSWCA 5; (2001) 33 MVR 37 Mannix v Loumbos Pty Ltd [2000] NSWCA 32 Maestrale v Aspite [2014] NSWCA 182; (2014) 13 ASTLR 262 NHB Enterprises Pty Ltd v Corry [2019] NSWSC 1659 NHB Enterprises Pty Ltd v Corry (No 7) [2021] NSWSC 741 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Category: Costs Parties: NHB Enterprises Pty Ltd (First Applicant) Finn Pharmaceuticals Pty Ltd (Second Applicant) Rimon Ghaly (Respondent) Representation: Counsel:

T B Senior (Applicants) E A J Hyde (Respondent)