Benjamin & Khoury Pty Ltd v Rahme (No 2) [2022] NSWSC 1143

Supreme Court New South Wales

Medium Neutral Citation: Benjamin & Khoury Pty Ltd v Rahme (No 2) [2022] NSWSC 1143 Hearing dates: 24 August 2022 Decision date: 29 August 2022 Jurisdiction: Common Law Before: Adamson J Decision: In proceedings 2021/330107 (1) Dismiss the first defendant's notice of motion filed 21 April 2022. (2) Order the first defendant to pay the plaintiff's costs of the notice of motion. (3) Direct the parties to agree on a date for further directions and communicate such date to my Associate by 1 September 2022 so that the matter can be listed before the Registrar for that purpose. (4) Failing agreement by the parties on a date, list the matter for further directions before the Registrar on 5 September 2022. In proceedings 2021/330110 (1) Dismiss the first defendant's notice of motion filed 21 April 2022. (2) Order the first defendant to pay the plaintiff's costs of the notice of motion. (3) Direct the parties to agree on a date for further directions and communicate such date to my Associate by 1 September 2022 so that the matter can be listed before the Registrar for that purpose. (4) Failing agreement by the parties on a date, list the matter for further directions before the Registrar on 5 September 2022. Catchwords: CIVIL PROCEDURE — Subpoenas — Application to set aside — Abuse of process — where documents sought relevant to issue of application of indemnity principle in appeal against costs certificates — where not oppressive — application dismissed COSTS — Costs assessment — Determination — Review/appeal — discussion of principles Legislation Cited: Legal Profession Act 2004 (NSW) Legal Profession Uniform Law Application Act 2014 No 16 (NSW), ss 71, 89 Legal Profession Uniform Law (NSW), ss 178, 198 Limitation Act 1969 (NSW) Supreme Court Act 1970 (NSW), s 75A Uniform Civil Procedure Rules 2005 (NSW), r 42.1 John Sharpe Cases Cited: Benjamin & Khoury Pty Ltd v Rahme [2022] NSWCSC 766 Rahme v Benjamin & Khoury Pty Ltd (2019) 100 NSWLR 550; [2019] NSWCA 211 Rahme v Benjamin & Khoury Pty Ltd (No 2) [2019] NSWCA 239 Rahme v Satouris [2018] NSWSC 1753 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Wentworth v Rogers (2006) 66 NSWLR 474; [2006] NSWCA 145 Category: Procedural rulings Parties: Benjamin & Khoury Pty Ltd (Plaintiff) Dana Rahme (First Defendant) John Sharpe (Second Defendant) Gregory Walsh (Third Defendant) Representation: Counsel: T K Smith (Plaintiff) C Bevan (First Defendant) Submitting appearance (Second and Third Defendants)