Benjamin & Khoury Pty Ltd v Rahme (No 3) [2022] NSWSC 1802

Supreme Court New South Wales

Medium Neutral Citation: Benjamin & Khoury Pty Ltd v Rahme (No 3) [2022] NSWSC 1802 Hearing dates: 03 November 2022 Decision date: 03 November 2022 Jurisdiction: Common Law Before: Rothman J Decision: (1) The Court grants leave for the plaintiff/appellant to file a Further Amended Summons as provided to the Court. (2) The defendant has leave, by 5pm 21 November 2022, to file any evidence in relation to the new ground of appeal. (3) The substantive appeal is adjourned to be listed by the list clerk not before 24 November 2022 with an estimate of two (2) days. (4) Costs for today will be the respondent's costs in the appeal. Catchwords: COSTS – costs assessment – appeal against two assessments – procedural motion within appeals – leave to file and serve new Statement of Claim – leave to file further evidence – substantive appeal adjourned Category: Procedural rulings Parties: Benjamin & Khoury Pty Ltd (Plaintiff) Dana Rahme (First Defendant) John Sharpe (Second Defendant) Greg Walsh OAM (Third Defendant) Representation: Counsel: Ms M Castle with Mr D Smith (Plaintiff) Mr C Bevan (First Defendant) Submitting Appearances (Second and Third Defendant)

Solicitors: (Plaintiff) Solon Lawyers (First Defendant) Crown Solicitor's Office (Second and Third Defendant) File Number(s): 2021/330107; 2021/330110