Australian International Academy of Education Limited v Dr Nirmal Taluja & Ors (No 2) [2011] NSWSC 880

Supreme Court New South Wales

Medium Neutral Citation: Australian International Academy of Education Limited v Dr Nirmal Taluja & Ors (No 2) [2011] NSWSC 880 Hearing dates: Determined in chambers on written submissions Decision date: 16 August 2011 Before: Ball J Decision: 1. The first defendant pay the plaintiff's costs of the proceedings as agreed or assessed. 2. The first defendant pay the second defendant's costs. Catchwords: COSTS - second defendant represented by director - whether entitled to recover costs - equivalent of litigant in person - can recover for costs incurred in course of proceedings but not time spent in connection with proceedings - no order for indemnity costs Legislation Cited: Environmental Planning & Assessment Act 1979 (NSW) Uniform Civil Procedure Rules, 2005 (NSW) Cases Cited: Aktas v Westpac Banking Corporation Ltd (No 2) [2010] HCA 47 Australian International Academy of Education v Taluja [2011] NSWSC 647 Cachia v Hanes (1994) 179 CLR 403 Cachia v Isaacs (Court of Appeal, 23 March 1989, unreported) Sanderson v Blyth Theatre Co [1903] 2 KB 533 Category: Consequential orders Parties: Australian International Academy of Education Limited (Plaintiff) Dr Nirmal Taluja (First Defendant) Noor Al Houda Islamic College Pty Limited (Second Defendant) Shree Shirdi Sai Sansthan Sydney Limited (Third Defendant) Representation: D H Murr SC (Plaintiff) J L Doyle (Plaintiff) D K L Raphael (First Defendant) J E O'Sullivan (First Defendant) Ms S Ihram (Director, Noor Al Houda Islamic College Pty Limited) (Second Defendant) No Appearance (Third Defendant) Hunt & Hunt (Plaintiff) Penhall & Co Lawyers (First Defendant) Ms S Ihram (Director, Noor Al Houda Islamic College Pty Limited) (Second Defendant) No Appearance (Third Defendant) File Number(s): 2010/298143