Shalhoub v Johnson (No 2) [2024] NSWDC 10

District Court New South Wales

Medium Neutral Citation: Shalhoub v Johnson (No 2) [2024] NSWDC 10 Hearing dates: 07 February 2024 Date of orders: 07 February 2024 Decision date: 07 February 2024 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) By way of variation of order 2 of the orders of 13 December 2023, the plaintiff is to pay the defendants' costs of these proceedings on the ordinary basis. (2) The defendants' applications for a gross sum costs order pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW) is refused. (3) The defendants' application for further interest on the costs orders made on 28 June 2019 and 29 September 2020 is granted and the parties are to bring in Short Minutes of Order reflecting the mathematically agreed amounts for the periods identified in prayer 3 of the Notice of Motion up to the date of this judgment. (4) Each party is to pay their own costs of the Notice of Motion. (5) Notice of Motion otherwise dismissed. Catchwords: COSTS – application for gross sum costs order pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW) and for additional interest on the costs orders the subject of appeal – no issue of principle Legislation Cited: Civil Procedure Act 2005 (NSW), ss 98, 101 Conveyancing Act 1919 (NSW), s 177 Cases Cited: Ahern v Aon Risk Services Australia Ltd (No 2) [2022] NSWCA 39 Aidan Llewellyn trading as the Trustee for the House of Llewellyn v State of New South Wales (No 2) [2023] NSWSC 1597 Bobb v Wombat Securities Pty Ltd (No 2) [2013] NSWSC 863 Calderbank v Calderbank [1975] 3 All ER 333; [1975] 3 WLR 586 Ferella v Stomo (No 2) [2017] NSWDC 61 Gabrielle v Abood (No 4) [2023] NSWCA 100 Ghosh v Miller (No 2) [2016] NSWSC 713 Hamod v New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738 In the matter of Fogo Brazilia Holdings Pty Ltd (in liq) [2022] NSWSC 1070 Lambert v Jackson [2011] FamCA 275 Latoudis v Casey (1990) 170 CLR 534 Shalhoub v Johnson [2020] NSWSC 1321 Shalhoub v Johnson (No 2) [2020] NSWSC 1506 Texts Cited: Nil Category: Costs Parties: Maria Shalhoub (plaintiff) Sheila Pyper Royles (defendant) Michael Joseph Johnson (defendant) Representation: Counsel: M Sahade (plaintiff) R O'Gorman-Hughes (defendants)