Nano Logistics Pty Ltd v Rabi Omran (No 2) [2024] NSWSC 392

Supreme Court New South Wales

Medium Neutral Citation: Nano Logistics Pty Ltd v Rabi Omran (No 2) [2024] NSWSC 392 Hearing dates: On the papers – written submissions 15 March 2024 Date of orders: 15 April 2024 Decision date: 15 April 2024 Jurisdiction: Equity Before: Kunc J Decision: Plaintiff to pay defendant's costs on the indemnity basis; security for costs to be paid out of court to the plaintiff Catchwords: COSTS — Party/Party — Bases of quantification — Indemnity basis — Where plaintiff's director must have been aware that basis of claim was false Cases Cited: Guojin Huang v Jinghong Wei (No 3) [2022] NSWSC 662 Nano Logistics Pty Ltd v Rabi Omran [2024] NSWSC 236 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Category: Costs Parties: Nano Logistics Pty Ltd (Plaintiff) Raby Omran (Defendant) Representation: Counsel: PD Reynolds (defendant)

Solicitors: Edmond Khoury (Plaintiff) Adam & Dean Lawyers (Defendant) File Number(s): 2019/399344 Publication restriction: Nil

JUDGMENT

Summary 1. The Court delivered its principal Judgment dismissing Nano's claim on 7 March 2024: Nano Logistics Pty Ltd v Rabi Omran [2024] NSWSC 236. The Court dismissed the proceedings and ordered Nano to pay Mr Omran's costs. These reasons assume familiarity, and should be read with, the Judgment. Defined terms in the Judgment have the same meaning in these reasons. 2. Mr Omran now applies for an order that Nano pay his costs on the indemnity basis and for the immediate payment out of court of $50,000 paid into court by Nano as security for Mr Omran's costs. For the reasons which follow, both those applications will be granted.