Haigh & Anor v Haddad & Anor (No 2) [2024] NSWSC 1572

Supreme Court New South Wales

Medium Neutral Citation: Haigh & Anor v Haddad & Anor (No 2) [2024] NSWSC 1572 Hearing dates: On the papers Date of orders: 9 December 2024 Decision date: 09 December 2024 Jurisdiction: Common Law Before: Weinstein J Decision: (1) The plaintiffs are to pay the costs reserved by Harrison AsJ on 21 October 2022; and (2) The plaintiffs are to pay the costs of the proceedings, including the costs reserved by Harrison AsJ on 21 October 2022 and this notice of motion, fixed in the gross sum of $160,000. Catchwords: COSTS – application for costs order to be paid in gross sum – no question of principle – where proceedings dismissed on appeal from Associate Justice – gross sum costs order made in respect of proceedings including costs of proceedings giving rise to the appeal Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), r 42.7 Cases Cited: Ahern v Aon Risk Services Australia Ltd (No 2) [2022] NSWCA 31 BCEG International (Australia) Pty Ltd v Xiao [2024] NSWSC 922 Haigh & Anor v Department of Planning NSW [2022] NSWSC 1434 Haigh & Anor v Haddad & Anor [2024] NSWSC 904 Hamod v New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 734 James v Australia and New Zealand Banking Group Ltd [2017] NSWCA 84 Wallis v Rudek [2020] NSWSC 161 Texts Cited: Nil Category: Costs Parties: Stephen William Haigh (First Plaintiff) Dimitrios Kikiras (Second Plaintiff) Department of Planning NSW (First Defendant) Sam Haddad (Second Defendant) State of New South Wales (Third Defendant) Representation: Counsel: V Thomas SC (First, Second and Third Defendants)