Sukkar v Haoui (No.2) [2022] NSWDC 115

District Court New South Wales

Medium Neutral Citation: Sukkar v Haoui (No.2) [2022] NSWDC 115 Hearing dates: On the papers Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 37 Catchwords: COSTS – solicitor on the record for the plaintiff unsuccessfully applied for leave to withdraw representation with a hearing imminent – applicant joined to the application another firm which, it contended, acted for the plaintiff – the other firm appeared at the hearing – whether costs order should be made in favour of the other firm – whether applicant should be liable for the costs of the defendant and the other firm in opposing the application under s 99 of the Civil Procedure Act 2005 (NSW) Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 98, 99 Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: Kelly v Jowett (2009) 76 NSWLR 405 Knight v FP Special Assets Ltd (1992) 174 CLR 178 Newell v De Costi (2018) 97 NSWLR 398 Pinebelt Pty Ltd v Bagley [2000] NSWSC 655 Re Felicity (No.4) [2015] NSWCA 19 Re Pan Pharmaceuticals Ltd; Selim v McGrath (2004) 48 ACSR 681; [2004] NSWSC 129 Sukkar v Haoui [2022] NSWDC 83 Texts Cited: P. Taylor et al. Ritchie's Uniform Civil Procedure (NSW) Category: Costs Parties: Prominent Lawyers (applicant) M Haoui (defendant) Stacks Goudkamp (interested party) Representation: Counsel: Mr G Schipp for the applicant Ms C Allan for the defendant Mr B Jones for the interested party