Saad v State of NSW (No 4) [2014] NSWSC 353

Supreme Court New South Wales

Medium Neutral Citation: Saad v State of NSW (No 4) [2014] NSWSC 353 Hearing dates: 12/03/2014 Decision date: 12 March 2014 Jurisdiction: Common Law Before: Garling J Decision: In matter number 2007/265173: (1) Order pursuant to s 98(4)(c) of the Civil Procedure Act 2005 that the costs ordered to be paid by the plaintiffs to the defendant on 5 February 2014 are to be paid in a gross sum of $38,225. (2) Order that the plaintiffs in those proceedings are to pay the costs of the motion of 19 February 2012 2014. In proceedings number 2008/20521: (3) Order pursuant to s 98(4)(c) of the Civil Procedure Act 2005 that the costs ordered to be paid by the plaintiffs on 5 February 2014 are to be paid in a gross sum of $12,741.67. (4) Order the plaintiffs to pay the costs of the Notice of Motion of 19 February 2014. Catchwords: PROCEDURE - costs - general rule costs follow the event - whether costs order ought to be paid as a specified gross sum under s 98 Civil Procedure Act 2005 - where no evidence before Court to suggest substantive dispute of specified gross sum - whether consistent with overriding purpose of s 56 Civil Procedure Act 2005 Legislation Cited: Civil Procedure Act 2005 Cases Cited: Saad v State of New South Wales [2014] NSWSC 214 Category: Interlocutory applications Parties: Fred Saad (P) (2007/265173) Ashley Saad (P) (2008/289620) State of New South Wales (D) (in both matters) Representation: Counsel: C Canceri (P) I Temby QC / D Villa (D) Solicitors: Margiotts Solicitors (P) (both matters) NSW Crown Solicitors Office (D) (both matters) File Number(s): 2007/265173, 2008/289620