NSW Caselaw
New South Wales Court of Appeal
CITATION: Nassif & Anor v Fahd & Ors [2007] NSWCA 308
HEARING DATE(S): Written Submissions 11 & 12/10/2007
JUDGMENT DATE: 31 October 2007
JUDGMENT OF: Ipp JA; McColl JA; Bryson AJA
DECISION: 1. Make no order as to costs in the District Court to the intent that each party be left to bear their own costs; 2. Make no order as to costs of the appeal to the intent that each party be left to bear their own costs.
CATCHWORDS: COSTS - appellants succeed on point not taken in District Court - 7-day trial in District Court unlikely to have taken place if point relied on there - overwhelmingly strong point based on clear High Court authority - review of discretionary considerations - each party left to bear own costs in District Court and Court of Appeal.
LEGISLATION CITED: Civil Procedure Act 2005; s 98
CASES CITED: Latoudis v Casey (1990) 170 CLR 534 Oshlack v Richmond River Council (1998) 193 CLR 72
Sarkis Nassif - 1st Appellant Bernadette Nassif - 2nd Appellant PARTIES: Alex George Fahd - 1st Respondent Ibtasim Fahd - 2nd Respondent Alexi Mama Fahd - 3rd Respondent Priscilla Fahd - 4th Respondent
FILE NUMBER(S): CA 40586/2006
COUNSEL: Mr R. Forster SC with Mr D.L. Warren for the appellant Mr F. Lever SC for the Respondent
SOLICITORS: Advance Legal - Appellant McGrath Dicembre & Co - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 5026/2004
LOWER COURT JUDICIAL OFFICER: Judge O'Connor Q.C.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40586/2006
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