Saidi v Farajpour [2022] NSWLEC 77

Land and Environment Court New South Wales

Medium Neutral Citation: Saidi v Farajpour [2022] NSWLEC 77 Hearing dates: 1 June 2022 Date of orders: 1 June 2022 Decision date: 01 June 2022 Jurisdiction: Class 2 Before: Moore J Decision: At [22] Catchwords: COSTS - costs application in tree dispute case - special costs rule applies - costs not to be awarded unless it is fair and reasonable to do so – costs' applicant only partially successful at substantive hearing of tree dispute application - not fair and reasonable to make any costs order for substantive hearing – costs' respondent seeks costs of costs' hearing - costs of costs' hearings conventionally follow the event - appropriate to order that costs applicant pay respondents' costs of costs' hearing - appropriate to make gross sum costs order for costs' hearing pursuant to s 98(4)(c) of the Civil Procedure Act 2005 - actual costs discounted as conventionally appropriate - costs applicant ordered to pay costs' respondents' costs in the gross sum of $4875 within 28 days Legislation Cited: Civil Procedure Act 2005, s 98 Land and Environment Court Rules 2007, r 3.7 Trees (Disputes Between Neighbours) Act 2006, Pt 2A, s 14F(c), Cases Cited: Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 McDougall v Philip (2011) NSWLEC 1280 Category: Costs Parties: Samir Saidi (First Applicant) Kate Ann Saidi (Second Applicant) Ladan Farajpour (First Respondent) Mehran Farajpour (Second Respondent) Representation: Counsel: Mr S Saidi (First Applicant – in person) Ms H Kalarostaghi, solicitor (Respondents)