Kohkanzada v Amiri (No 2) [2024] NSWSC 704

Supreme Court New South Wales

Medium Neutral Citation: Kohkanzada v Amiri (No 2) [2024] NSWSC 704 Hearing dates: 28, 29 May 2024 Date of orders: 29 May 2024 Decision date: 29 May 2024 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Order 3 made on 1 May 2024 is to be varied as follows: (a) The plaintiff is to pay the second defendant's costs as follows: (i) up to and including 14 April 2018 on an ordinary basis, and (ii) from 15 April 2018 on an indemnity basis. (2) The plaintiff is to pay the first defendant's costs for the period when the first defendant was represented by solicitors from the date of the filing of her defence on 20 March 2018 until 21 July 2020. (3) I decline to make any order pursuant to the Suitors' Fund Act 1951 (NSW). Catchwords: COSTS – variation of costs order – application for indemnity costs by second defendant – second defendant seeks an order under s 6A of the Suitors' Fund Act 1951 (NSW) – whether the fact that hearing date not reached entitles second defendant to such an order – first defendant seeks costs for period in which she was represented by solicitors Legislation Cited: Suitors' Fund Act 1951 (NSW), s 6A Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Category: Costs Parties: Abdul Waris Kohkanzada (Plaintiff) Neelab Amiri (First Defendant) Mustafa Amiri (Second Defendant) Representation: Solicitors: Adams & Partners (Second Defendant) File Number(s): 2018/00036140 Publication restriction: Nil