Arab Bank of Australia Ltd v Jeitani (No. 2) [2016] NSWSC 726

Supreme Court New South Wales

Medium Neutral Citation: Arab Bank of Australia Ltd v Jeitani (No. 2) [2016] NSWSC 726 Hearing dates: 3 June 2016 Date of orders: 08 June 2016 Decision date: 08 June 2016 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment in favour of the Cross-Claimant in the amount of $77,429.54.

2. Without admissions, in respect of the Cross-Claimant's claims for relief in prayers 5, 6 and 7 of the Amended First Cross-Claim filed 16 January 2014 (to which paragraphs 25 - 28 relate) but, for the avoidance of doubt, excluding the claim in paragraph 3 of the particulars subscribed to paragraph 22 of the Amended First Cross-Claim, to the effect that the fees claimed by the Cross-Defendant exceed the Cross-Defendant's reasonable costs of its mortgages, the Plaintiff / Cross-Defendant (Bank) undertakes:

(a) On the Second Defendant / Cross-Claimant's (Mr Gittany's) undertaking to the Court to pay for the application fee for the costs assessment, the Bank will, within 28 days, do all things reasonably necessary to have the legal fees claimed by the Bank in its M.G.G. Group P/L & RCJ Holding P/L - Realisation Cost Account numbered 00700038202 (Bank's costs) sent to a costs assessor mutually acceptable to Mr Gittany and the Bank to determine whether any amounts claimed in Bank's costs are in excess of its right to be reimbursed in respect of those costs, in accordance with the terms of the Bank's security documents including:

(i) The Merryland Mortgage, registered memorandum 5300281P; (ii) The Earlwood Mortgage, registered memorandum AD493353; (iii) The Bass Hill Mortgage, registered memorandum 5300281P; and (iv) The Guildford Mortgage, registered memorandum AD493352.