Charafeddine v Magistrate R Denes sitting in the Coronial Jurisdiction at Ballina & Ors [2015] NSWSC 269

Supreme Court New South Wales

Medium Neutral Citation: Charafeddine v Magistrate R Denes sitting in the Coronial Jurisdiction at Ballina & Ors [2015] NSWSC 269 Hearing dates: 16 March 2015 Date of orders: 16 March 2015 Decision date: 16 March 2015 Jurisdiction: Equity Division - Duty List Before: Slattery J Decision: No order for costs made. Catchwords: CIVIL PROCEDURE – settlement of proceedings applying for release of body from NSW State Coroner's Office and arrangements for burial – settlement occasioned on day of hearing – application for award of costs of proceedings – whether plaintiff acted so unreasonably that the other party should obtain the costs of the action – miscommunications between parties prior to and during proceedings – degree of miscommunication to be expected so shortly after deceased's death – costs likely to be incurred in the proceedings by time of alleged unreasonable conduct – no costs order made – short minutes of order made as to declaration of senior next of kin under Coroners Act 2009 and funeral arrangements. Legislation Cited: Coroners Act 2009 (NSW) Cases Cited: Burnes v Richards (1993) 7 BPR 15,104 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin (1997) 186 CLR 622 Category: Costs Parties: Plaintiff: Bilal Charafeddine First Defendant: Magistrate R Denes sitting in the Coronial Jurisdiction at Ballina (submitting appearance) Second Defendant: Divina Levey Third Defendant: Raymond John Levey Amicus Curiae: Attorney General Representation: Counsel: Plaintiff: B. Levet D. Kell for Attorney General