Fattouh v Neffati [2002] NSWSC 1231

New South Wales Supreme Court

CITATION : Fattouh v Neffati [2002] NSWSC 1231 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 14856/92 HEARING DATE(S) : 28 November 2002 JUDGMENT DATE : 20 December 2002

Karen Asermely-Rivera (now Fattouh) (Plaintiff) PARTIES : Moncef Neffati (Defendant) JUDGMENT OF : Master Harrison

COUNSEL : Mr B Gross QC with Mr G Bateman (Defendant) Karen Fattouh (Plaintiff in person via telephone link to USA) SOLICITORS : Mr N J Delfendahl of Stewart Cuddy & Mockler (Defendant) CATCHWORDS : Application to amend judgment - indemnity costs LEGISLATION CITED : Part 52A r22 Supreme Court Rules Allen v Chown (1996) 24 MVR 255 Roberts v White (1999) NSWCA 12 Matthews v Dean 11 MVR 455 CASES CITED : Wentworth v Rogers [2002] NSWSC 921 Hillier v Sheather (1995) 36 NSWLR 414 Maitland Hospital v Fisher (No 2) (1992) 27 NSWLR 721 NSW Insurance Ministerial Corporation v Reeve (1993) 42 NSWLR 100 Morgan v Johnson (1998) 44 NSWLR 578 DECISION : The court orders that (1) Order (1) made on 20 September 2002 be varied by deleting the words "sum of AUS$132,871.00" and inserting the words "the sum of AUS$38,151.00" in lieu thereof; (2)(a) The defendant is to pay the plaintiff's costs on a party/party basis up to and including 13 February 1999, and (b) The plaintiff is to pay the defendant's costs on a party/party basis from 14 February 1999; (3) The defendant be entitled to set off the amount of costs, which the plaintiff is required to pay him, after such amount has been agreed or assessed against the amount of judgment in the plaintiff's favour and the amount of costs the defendant is required to pay the plaintiff.; (4) Up until the defendant's costs have been assessed a stay of the enforcement of the judgment amount is granted