Allspec Constructions and Project Management Pty Ltd v Jana Pty Ltd as trustee for the Azizi Family Trust (No 2) [2024] NSWSC 774

Supreme Court New South Wales

Medium Neutral Citation: Allspec Constructions and Project Management Pty Ltd v Jana Pty Ltd as trustee for the Azizi Family Trust (No 2) [2024] NSWSC 774 Hearing dates: On the papers Date of orders: 24 June 2024 Decision date: 24 June 2024 Jurisdiction: Equity Before: Hmelnitsky J Decision: (1) The second defendant pay pre-judgment interest on the judgment sum ordered on 17 May 2024 to the first plaintiff in the sum of $9,150.79, such that the total sum payable to the first plaintiff is $58,188.84. (2) The Second Defendant is to pay 40% of the First Plaintiff's costs of the proceedings. Catchwords: COSTS – Party/party – Exceptions to general rule that costs follow the event Legislation Cited: Civil Procedure Act 2005 (NSW) Local Court Act 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Allspec Constructions and Project Management Pty Ltd v Jana Pty Ltd as trustee for the Azizi Family Trust [2024] NSWSC 592 Arian v Ngyuen [2001] NSWCA 5 Commonwealth of Australia v Gretton [2008] NSWCA 117 Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 Lianos v Order of AHEPA NSW Inc (No 5) [2021] NSWCA 317 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v PDWL (costs) [2021] FCAFC 75 Category: Costs Parties: Allspec Constructions and Project Management Pty Ltd (ACN 617 645 788) (First Plaintiff) Joseph Elia (Second Plaintiff) Jana Pty Ltd (ACN 158 982 122) as trustee for the Azizi Family Trust (ABN 44 290 667 496) (First Defendant) Anthony Charbel Azizi (Second Defendant) Representation: Counsel: