Younan v GIO General Limited (ABN 22 002 861 583) (No. 2) [2012] NSWDC 149

District Court New South Wales

Medium Neutral Citation: Younan v GIO General Limited (ABN 22 002 861 583) (No. 2) [2012] NSWDC 149 Hearing dates: 14 September 2012 Decision date: 14 September 2012 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The plaintiff's and Mr Raymond Younan's application to adjourn the hearing of this application are dismissed. (2) The plaintiff and Mr Raymond Younan are jointly and severally liable to pay the whole of the costs payable to the defendant by the plaintiff as set out in order 2 of the orders of 29 June 2012. (3) The defendant's costs are to be assessed and payable by the plaintiff and Mr Raymond Younan on an indemnity basis and are to include the costs of investigating claim 7811004845, the costs of the adjournment application made today, and the costs of the defendant's notice of motion. Catchwords: COSTS - application for costs against a non-party - application for indemnity costs against both the plaintiff and the non-party Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Supreme Court Rules 1970 (NSW), Pt 52A r 4 Uniform Civil Procedure Rules 2005 (NSW), rr 42.2 and 42.3 Cases Cited: Arena Management Pty Ltd (admin appted) (rec and mgr appted) v Campbell Street Theatre Pty Ltd [2011] NSWCA 128 ASIC v Lindberg [2012] VSC 332 Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39 Flinn v Flinn [1999] 3 VR 712 FPM Constructions v Council of the City of Blue Mountains [2005] NSWCA 340 Friendly Inn Holdings Pty Ltd v St George Bank [2012] NSWSC 441 Gore v Justice Corporation Pty Ltd (2002) 119 FCR 429 Ipex ITG Pty Ltd (rec and mgrs appted) v Melbourne Water Corporation [2012] VSCA 169 Jeffery & Katauskas Pty Ltd v SST Consulting Pty Ltd (2009) 239 CLR 75 Kebaro Pty Ltd v Saunders [2003] FCAFC 5 Knight v FP Special Assets Ltd (1992) 174 CLR 178 Leichhardt Municipal Council v Green [2004] NSWCA 341 Magill v Magill [2006] HCA 51 May v Christodolou [2011] NSWCA 75 Naomi Marble & Granite P/L v FAI & All Risks Management P/L [1998] QSC 18 Nocton v Lord Ashburton [1941] AC 932 Symphony Group PLC v Hodgson [1994] QB 179 Yates v Boland [2000] FCA 1895 Younan v GIO General Limited [2012] NSWDC 67 Texts Cited: - Category: Costs Parties: Costs Applicant/Defendant: GIO General Limited (ABN 22 002 861 583) First Costs Respondent/Plaintiff: Jennifer Younan Second Costs Respondent: Raymond John Younan Representation: Costs Applicant/Defendant: Mr B Burke / Mr D Courtenay (solicitor) First Costs Respondent/Plaintiff: Mr A Sandroussi (solicitor) Second Costs Respondent: No appearance Costs Applicant/Defendant: Courtenay & Co Solicitors First Costs Respondent/Plaintiff: AYS Legal Second Costs Respondent: No appearance File Number(s): 2010/366490 Publication restriction: None