Bechara v Cross [2014] NSWCA 175

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bechara v Cross [2014] NSWCA 175 Hearing dates: 4 April 2014 Decision date: 03 June 2014 Before: Macfarlan JA at [1]; Emmett JA at [20]; Sackville AJA at [22] Decision: (1) Grant leave to Ms Bechara to appeal against costs order (1) made by Levy DCJ on 31 May 2013. (2) Direct Ms Bechara to file a Notice of Appeal in the form of the draft supplied by her to the Court within 14 days of today's date. (3) Allow the appeal. (4) Set aside costs order (1) made on 31 May 2013. (5) In lieu thereof, order that the Defendants pay on the party/party basis Ms Bechara's costs incurred by her up until 19 October 2012, save for those the subject of costs orders made on 26 March 2012, 20 July 2012 and 7 March 2013 which costs orders are to remain operative. (6) Order the Defendants to pay Ms Bechara's costs of the application for leave to appeal and appeal. (7) Grant the Defendants a certificate under the Suitors' Fund Act 1951, if qualified. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE AND PROCEDURE - costs - applicant solicitor brought proceedings against former clients for recovery of professional fees - whether primary judge erred in ordering that each party pay their own costs incurred up to date of offer of compromise - no good reason to depart from general rule that costs follow the event - not incumbent upon applicant to refute allegations against her by respondents that were withdrawn - no issue of principle Legislation Cited: Bankruptcy Act 1966 (Cth), s 58(3) Suitors' Fund Act 1951 (NSW), s 6C(1)(c) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Category: Procedural and other rulings Parties: Maria Bechara trading as Bechara and Company (Applicant) Rosabelle Cross (First Respondent) Gabriel Cross (Second Respondent) Representation: Counsel: J Merkel (Applicant) S Mullette (Trustee in bankruptcy of Respondents) No appearance by or for Respondents Solicitors: Bechara and Company (Applicant) Matthews Folbigg Pty Ltd (Trustee in bankruptcy of Respondents) File Number(s): CA 2013/195858 Decision under appeal Jurisdiction: 9101 Before: Levy SC DCJ File Number(s): DC 2011/334416