Khoury & Anor v Hiar & Anor [2006] NSWCA 47

New South Wales Court of Appeal

CITATION: Khoury & Anor v Hiar & Anor [2006] NSWCA 47

HEARING DATE(S): 23 February 2006

JUDGMENT DATE: 15 March 2006

JUDGMENT OF: Beazley JA at 1; Giles JA at 2; Bryson JA at 60

DECISION: (1) Mr Hiar be restrained from enforcing the judgment entered in the District Court on 24 February 2005 save to the extent of $7,343; (2) The summons be otherwise dismissed; (3) Mr Hiar pay two-thirds of the claimants' costs in this Court.

CATCHWORDS: Costs - order against legally assisted person - whether liability for the costs - whether exception in s 47 of Legal Aid Commission Act applied to bring liability in part for the costs - costs assessed and assessor's certificate filed - judgment for amount of certificate - whether judgment itself brought liability for the costs - discussion of relief which could be granted.

Civil Procedure Act 2005; District Court Act 1973; Legal Aid Commission Act 1979; LEGISLATION CITED: Legal Profession Act 1987; Legal Profession Act 2004; Local Courts Act 1982; Property (Relationships) Act 1984; Supreme Court Act 1970.

Board of Fire Commissioners v Ardouin (1961) 109 CLR 105; Coco v The Queen (1994) 179 CLR 427; CASES CITED: re McBain; ex parte Catholic Bishops Conference (2002) 209 CLR 372; Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd (2000) 200 CLR 591; Wentworth v Rogers [2005] NSWSC 1431.

Barbara Khoury - 1st Claimant PARTIES: Legal Aid Commission of New South Wales - 2nd Claimant Fadi Hiar - 1st Opponent District Court of New South Wales - 2nd Opponent