Farah v Elias [2015] NSWSC 1417

Supreme Court New South Wales

Medium Neutral Citation: Farah v Elias [2015] NSWSC 1417 Hearing dates: 24 September 2015 Date of orders: 30 September 2015 Decision date: 30 September 2015 Jurisdiction: Common Law Before: Harrison J Decision: Order the first defendant to pay the plaintiff's costs of and incidental to the summons. Catchwords: COSTS – where plaintiff sought prerogative relief with respect to proceedings in NCAT – where proceedings in this Court not pursued – where costs of proceedings to be determined by reference to issues that remain undecided in NCAT– whether plaintiff in this Court would have succeeded in NCAT – where costs should be paid by the defendant whose proceedings in NCAT were likely to fail Legislation Cited: Civil Procedure Act 2005 Home Building Act 1989 Supreme Court Act 1970 Supreme Court Rules 1970 Cases Cited: Baulderstone Hornibrook Pty Ltd v Qantas Airways Ltd [2003] FCA 325 James v Surf Road Nominees (No 2) [2005] NSWCA 296 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Sunday Times Newspaper Co Ltd v McIntosh (1933) 33 SR (NSW) 371 Turkmani v Visvalingam (No 2) [2009] NSWCA 279 Category: Costs Parties: Monzer Farah (Plaintiff) Toni Elias (First Defendant) Representation: Counsel: Dr A J Greinke (Plaintiff) L Doust (Defendant)