Mehajer v Director-General of the Department of Local Government (No.2) [2016] NSWSC 320

Supreme Court New South Wales

Medium Neutral Citation: Mehajer v Director-General of the Department of Local Government (No.2) [2016] NSWSC 320 Hearing dates: On the papers Date of orders: 30 March 2016 Decision date: 30 March 2016 Before: Garling J Decision: (1) Order that Order 2 of 26 February 2016 be set aside. (2) Order the defendant to pay the plaintiff's costs of the proceedings. (3) Order that each party pay their own costs of the Notice of Motion filed 7 March 2016. Catchwords: PROCEDURE – civil – notice of motion seeking an order for costs – where plaintiff failed to claim an order for costs in the originating process or seek an order for costs when judgment was delivered – whether it is in the interests of justice to make the order. Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules Cases Cited: Mehajer v Director-General of the Department of Local Government [2016] NSWSC 143 Office of Local Government v Salim Mehajer [2016] NSWCATOD 10 Texts Cited: Not Applicable Category: Costs Parties: Salim Mehajer (Plaintiff) Director-General of the Department of Local Government (Defendant) Representation: Counsel: M Finnane QC / R Graycar (Plaintiff) B Tronson (Defendant)

Solicitors: Office of Local Government (Plaintiff) Korn MacDougall Legal (Defendant) File Number(s): 2016/34012 Publication restriction: Not Applicable

Judgment 1. On 26 February 2016, I delivered judgment in these proceedings. 2. I ordered that the decision of the NSW Civil and Administrative Tribunal (Occupational Division) dated 29 January 2016, being Office of Local Government v Salim Mehajer [2016] NSWCATOD 10, be set aside. 3. I made no order as to costs.