Al Haje v Elassaad (No 2) [2024] NSWSC 794

Supreme Court New South Wales

Medium Neutral Citation: Al Haje v Elassaad (No 2) [2024] NSWSC 794 Hearing dates: On the Papers Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. The defendant is to pay the plaintiff's costs of the proceedings. 2. The preceding order is subject to the following: a. The plaintiff's costs are to be assessed on an ordinary basis up to and including 29 April 2024. b. The defendant is to pay 50% of the plaintiff's costs up to and including 29 April 2024. c. The defendant is to pay the whole of the plaintiff's costs after 29 April 2024, these costs to be assessed on an indemnity basis. 3. The plaintiff has leave to file a notice of motion seeking orders in respect of the continuation of freezing orders previously made and in respect of the defendant's dealings with the property situated at xx xxx Avenue, xxx, NSW. 4. The notice of motion should be filed and served within 21 days of the date of these orders. Catchwords: COSTS — whether Uniform Civil Procedure Rules 2005 (NSW) r 42.34 applies — where plaintiff recovers less than $500,000 — considerations in reaching a fair and just result caters to both parties — Calderbank offer made by plaintiff — indemnity costs — indemnity costs awarded to plaintiff after date of Calderbank offer Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.34 Cases Cited: Al Haje v Elassaad [2024] NSWSC 689 Calderbank v Calderbank [1975] 3 All ER 333 Cutts v Head [1984] 1 All ER 597 Norris v Routley [2016] NSWSC 147 Category: Costs Parties: Wisam Al Haje (Plaintiff) Mohammad Elassaad (Defendant) Representation: Counsel: Mr J Sheller SC (Plaintiff) Mr M Algie (Plaintiff) Mr R Perla (Defendant)