Abu-Mahmoud v Consolidated Lawyers Pty Ltd (No.2) [2015] NSWSC 833

Supreme Court New South Wales

Medium Neutral Citation: Abu-Mahmoud v Consolidated Lawyers Pty Ltd (No.2) [2015] NSWSC 833 Hearing dates: 19 June 2015 Date of orders: 26 June 2015 Decision date: 26 June 2015 Before: Garling J Decision: (1)Order the defendants to pay the plaintiff's costs of the proceedings on the ordinary basis. (2)Notices of Motion otherwise dismissed. (3)Each party to pay their own costs of the Notices of Motion. Catchwords: COSTS – indemnity costs – where offer of compromise made by plaintiff – where offer not accepted and judgment no less favourable to plaintiff – whether Court should "otherwise order" – whether reasonable opportunity for defendants to consider plaintiff's case during period which offer was open – principal expert report served by plaintiff after time for acceptance of offer had expired – appropriate to "otherwise order" – no order for indemnity costs – order for costs on ordinary basis – COSTS – where partial success of defendant – whether reduction in costs to reflect defendant's partial success – no reduction in costs Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Abu-Mahmoud v Consolidated Lawyers Pty Ltd [2015] NSWSC 547 Bostik Australia Pty Ltd v Liddiard (No. 2) [2009] NSWCA 304 Caine v Lumley General Insurance Ltd (No. 2) [2008] NSWCA 109 Cunneen v Independent Commission Against Corruption [2015] NSWCA 46 Hillier v Sheather (1995) 36 NSWLR 414 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (No.2) [2014] NSWCA 425 Nominal Defendant v Hawkins [2011] NSWCA 93 South Eastern Sydney Area Health Service v King [2006] NSWCA 2 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Mohamed Abu-Mahmoud (P) Consolidated Lawyers Pty Ltd (D1) Abdul Salem Kassem t/as S K Lawyers (D2) Christopher Shaw (D3) Ann Bowen (D4) John Gerathy (D5) Representation: Counsel: P Doyle-Gray (P) D Lloyd (D1-5)