El-Mir & 1 Or v Risk [No 2] [2005] NSWCA 260

New South Wales Court of Appeal

CITATION: El-Mir & 1 Or v Risk [No 2] [2005] NSWCA 260

HEARING DATE(S): Written submissions

JUDGMENT DATE: 8 August 2005

JUDGMENT OF: Handley JA at 1; Ipp JA at 2; McColl JA at 3

DECISION: (1) The grant of leave to amend the defence in Order 3 of the Court's orders in the primary judgment be subject to the appellants paying the costs of the proceedings in the District Court from 22 August 2001 up to and including the hearing of the reference by Mr O'Mara on 17 March 2003. (2) Costs of the adoption hearing before Balla DCJ on 18 July 2003 to be in the discretion of the judge who determines the separate issue the subject of Order 4 in the primary judgment. (3) Amend Order 6 by substituting the amount "$194,591.55" for the amount "$199,172.88" therein appearing. (4) The parties to bear their own costs of the written submissions consequent upon the primary judgment.

CATCHWORDS: COSTS

LEGISLATION CITED: District Court Rules 1973

El-Mir v Risk [2005] NSWCA 215 Maloney v Kull (Court of Appeal, unreported, 21 March 2003) CASES CITED: Tallglen Pty Ltd v Pay TV Holdings Pty Ltd (1996) 22 ACSR 130 Tepko Pty Ltd v Water Board [2001] HCA 19; (2001) 206 CLR 1

Abdullah El-Mir (First Appellant) PARTIES: Mona El-Mir (Second Appellant) Gary Risk (Respondent)

FILE NUMBER(S): CA 40661/03

J Bartos (First and Second Appellants) COUNSEL: E M Olsson SC (Respondent)

David Begg & Associates (First and Second Appellants) SOLICITORS: Snelgroves Solicitors (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 9850/00