Ahmad v Mohamed (No 2) [2022] NSWSC 1532

Supreme Court New South Wales

Medium Neutral Citation: Ahmad v Mohamed (No 2) [2022] NSWSC 1532 Hearing dates: On the papers Decision date: 09 November 2022 Jurisdiction: Equity Before: Peden J Decision: (1) Order 2 made on 24 October 2022 is vacated. (2) The respondents are to pay 75% of the applicant's costs of the Notice of Motion as agreed or as assessed. (3) No order as to costs of the respondents' application for a different costs order than that provided in the substantive judgment. Catchwords: COSTS — General rule that costs follow the event — Application of the rule and discretion — Where applicant succeeded in interlocutory motion for a stay of proceedings in this Court while Federal Circuit and Family Court of Australia proceedings on foot — Where respondents seek an order that costs of the motion be reserved — Where respondents alternatively seek orders that the applicant only receive 50% of her costs — Where order made that the applicant only receive 75% of her costs Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56-60 Uniform Civil Procedure Rules 2005 (NSW) r 42.21 Cases Cited: Ahmad v Mohamed [2022] NSWSC 1445 Farley Bay Pty Ltd (in liq) v Davis [2022] VSC 604 Valceski v Valceski (2007) 70 NSWLR 36 Vaughan v Frost [2010] NSWSC 492 Yu v Wang [2021] NSWSC 1280 Category: Costs Parties: Gulmaki Ahmad (First Plaintiff/First Respondent) Mustafah Ahmad (Second Plaintiff/Second Respondent) Sharihan Mohamed (Defendant/Applicant) Representation: Counsel: G McNally SC (Plaintiffs/Respondents) M Condon SC (Defendant/Applicant)