MacKenzie v Ibrahim [2016] NSWSC 736

Supreme Court New South Wales

Medium Neutral Citation: MacKenzie v Ibrahim [2016] NSWSC 736 Hearing dates: 19 November 2015, 11 December 2015, 23 February and 2 June 2016 Date of orders: 02 June 2016 Decision date: 02 June 2016 Jurisdiction: Equity Before: Slattery J Decision: Order that the defendants/cross-claimants pay 50 per cent of the plaintiff/cross-defendants' costs of these proceedings incurred from 20 November 2015 to 23 February 2016 and 50 per cent of the costs of the hearing as to costs on 2 June 2016. Catchwords: COSTS – proceedings brought between the parties as to an insolvent property development joint venture – fully contested trial takes place to allocate the burden of losses – but property market improves and as a result of recent sales the joint venture becomes solvent – proceedings are no longer pursued by either party - proceedings discontinued – claim and cross-claim dismissed by consent in February 2016 – parties cannot agree on the proper costs order in the circumstances – contest as to the burden of costs in the period after the Court notified that a final settlement is likely. Legislation Cited: Civil Procedure Act 2005, s 56(3) Cases Cited: Commonwealth v Gretton [2008] NSWCA 117 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Skalkos v Assaf (No. 2) [2002] NSWCA 236 Category: Costs Parties: Plaintiff/First Cross Defendant : Donald James MacKenzie Second Cross Defendant: Anita Jane MacKenzie First Defendant/Cross Claimant: Sameh Ibrahim Second Defendant/Cross Claimant: Alahna Ibrahim Representation: Counsel: Plaintiff/Cross Defendants: K.G. Oliver First and Second Defendants/Cross Claimants: A.F. Fernon