Salim Mehajer v Chief Executive of the Office of Local Government [No 2] [2015] NSWSC 403

Supreme Court New South Wales

Medium Neutral Citation: Salim Mehajer v Chief Executive of the Office of Local Government [No 2] [2015] NSWSC 403 Hearing dates: 1 October 2014; 19 December 2014 Date of orders: 10 April 2015 Decision date: 10 April 2015 Jurisdiction: Common Law Before: Adams J Decision: The defendant is to pay the costs of the plaintiff of and incidental to the appeal, assessed on the ordinary basis. Catchwords: Practice and procedure – costs – appeal against costs order – costs follow the event Legislation Cited: Civil and Administrative Tribunal Act 2013 Crimes (Appeal and Review) Act 2001 Family Provision Act 1982 Local Government Act 1993 Cases Cited: Commonwealth v Gretton [2008] NSWCA 117 McCusker v Rutter [2010] NSWCA 318 Mehajer v Chief Executive of the Office of Local Government [2014] NSWSC 1804 Category: Costs Parties: Salim Mehajer (Plaintiff) Chief Executive of the Office of the Local Government (Defendant) Representation: Counsel: J Kay Hoyle (Plaintiff) A M Mitchelmore/B Mostafa (Defendant)

Solicitors: KM Legal Pty Ltd (Plaintiff) Office of Local Government (Defendant) File Number(s): 2014/189468 Publication restriction: None

Judgment

Introduction 1. On 19 December 2014 the Court set aside orders made by the Civil and Administrative Tribunal in respect of the plaintiff, substituted other orders and directed the parties to make written submissions on the question of costs: Mehajer v Chief Executive of the Office of Local Government [2014] NSWSC 1804. The plaintiff submits that the usual order following success of a party that the other party pay the successful parties' costs as provided by part 42 of the Uniform Civil Procedure Rules should be made. The defendant, on the other hand, submits that the Court has a wide discretion in determining whether or not to order costs and submits that no order for costs should be made.