Benjamin & Khoury Pty Ltd v Gabriel Rahme (No 2) [2022] NSWSC 279

Supreme Court New South Wales

Medium Neutral Citation: Benjamin & Khoury Pty Ltd v Gabriel Rahme (No 2) [2022] NSWSC 279 Hearing dates: 24 August 2021 Date of orders: 16 March 2022 Decision date: 16 March 2022 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders: (1) I vacate my order (2) made on 13 October 2021. (2) The first and second defendants are to pay the plaintiff's costs of the application on the ordinary basis until 5 August 2021. (3) The first defendant is to pay the plaintiff's costs of the application on the ordinary basis after 5 August 2021. Catchwords: COSTS – No point of principle Category: Costs Parties: Benjamin & Khoury Pty Ltd (Plaintiff) Gabriel Rahme (First Defendant) Dana Rahme (Second Defendant) Representation: Counsel: P Afshar (Plaintiff) C Bevan (First Defendant)

Solicitors: Daniel Jude Lawyers (Plaintiff) Solon Lawyers (Defendants) File Number(s): 2014/262387 Publication restriction: Nil

Judgment 1. HER HONOUR: This is a short Judgment in relation to costs. I refer and rely upon my earlier Judgment in Benjamin & Khoury Pty Ltd v Gabriel Rahme [2021] NSWSC 1302 dated 13 October 2021. 2. On 13 October 2021, I made the following orders: 1. The first defendant's amended notice of motion filed 5 August 2021 is dismissed. 2. The first defendant is to pay the plaintiff's costs on an ordinary basis, if the plaintiff does not seek an alternative order from the Court within 7 days. If the plaintiff does seek an alternative order I will give directions for the filing of written submissions. 1. On 20 October 2021, the plaintiff submitted submissions regarding proposed alternate costs orders. The plaintiff filed its submissions on costs within 7 days. Due to an oversight these submissions have just come to my attention. The first defendant did not make submissions in response.