Ghougassian v Fairfax Community Newspapers Pty Ltd [2015] NSWCA 307

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ghougassian v Fairfax Community Newspapers Pty Ltd [2015] NSWCA 307 Hearing dates: On the papers Date of orders: 30 September 2015 Decision date: 30 September 2015 Before: Emmett JA Decision: 1 Order the applicant in proceedings 2014/175465 to pay the costs of the respondents in those proceedings in a gross sum of $31,000.

2 Order that the costs ordered by Basten JA on 16 February 2015 be paid as a gross sum of $10,000.

3 Order the respondent to the notice of motion filed on 9 June 2015 to pay the costs of the applicants on that motion in a gross sum of $2,500. Catchwords: COSTS – application for indemnity costs – appeal abandoned the afternoon before the day fixed for hearing – whether the appeal had any prospects of success – conduct of applicant in the appeal in not complying with the Uniform Civil Procedure Rules 2005 (NSW) and court directions

COSTS – application for order of specified gross sum of costs – whether the conduct of the applicant in the appeal contributed unnecessarily to the incurring of costs Legislation Cited: Civil Procedure Act 2005 (NSW), ss 98(1)(c), 98(4)(c) District Court Act 1973 (NSW), s 127 Legal Profession Act 2004 (NSW), s 377 Limitation Act 1969 (NSW), s 14B Uniform Civil Procedure Rules 2005 (NSW), rr 28.2, 28.3, 28.4, 42.19, 42.26, 51.22, 51.32, 51.37, 51.56 Cases Cited: Cultus Petroleum v OMV Australia [1999] NSWSC 435 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Ghougassian v Fairfax Community Newspapers Pty Ltd [2015] NSWCA 21 Griffith v John Fairfax Publications Pty Ltd [2004] NSWCA 300 Hamoud v State of New South Wales [2011] NSWCA 375 Harrison v Schipp [2002] NSWCA 213; 54 NSWLR 738 Huntsman Chemical Company Australia Ltd v International Pools Australia Ltd (1995) 36 NSWLR 242 International Produce Merchants Pty Ltd (1988) 81 ALR 397 Lahoud v Lahoud [2006] NSWSC 126 Nationwide News Pty Ltd v Hibbert [2015] NSWCA 13 Younan v Nationwide News Pty Ltd [2013] NSWCA 335 Category: Costs Parties: Michael Ghougassian (Applicant) Fairfax Community Newspapers Pty Ltd (First Respondent) Fairfax Digital Australia & New Zealand Pty Ltd (Second Respondent) Jade Wittmann (Third Respondent) Representation: Counsel: Mr R Rasmussen (Applicant) Mr A Dawson (Respondents)