Youssef Taouk and Najibi Taouk v Najib Louis (No.3) [2014] NSWSC 1117

Supreme Court New South Wales

Medium Neutral Citation: Youssef Taouk and Najibi Taouk v Najib Louis (No.3) [2014] NSWSC 1117 Hearing dates: On the papers Decision date: 18 August 2014 Jurisdiction: Equity Division Before: Darke J Decision: Costs order made on 20 June 2014 is varied so that it provides for the plaintiffs to pay the costs of the second and third defendants on an indemnity basis. Catchwords: COSTS - indemnity costs - plaintiffs unsuccessfully advanced case based on allegations of fraud - allegations found to be without foundation - allegations made with knowledge of falsity - order for indemnity costs made Legislation Cited: Civil Procedure Act 2005 (NSW) s 98(1)(c) Uniform Civil Procedure Rules rr 20.26, 36.16, 42.15A(2) Cases Cited: Manly Council v Byrne and Anor (No.2) [2004] NSWCA 227 Miwa Pty Ltd v Siantan Properties Pte Ltd [2011] NSWCA 344 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Youssef Taouk and Najibi Taouk v Najib Louis (No.2) [2014] NSWSC 799 Category: Costs Parties: Youssef George Taouk (first plaintiff) Najibi Taouk (second plaintiff)

Najib Louis (first defendant) Direct Mortgage Solutions Pty Ltd (second defendant) Perpetual Trustees Australia Limited (third defendant) Representation: Counsel: M Tibbey (plaintiffs) Solicitors: Legal Aid NSW (plaintiffs) Curwoods Lawyers (second and third defendants) File Number(s): 2012/198193 Publication restriction: Nil