Fred Saad & Ors v State of New South Wales; Ashley Saad v State of New South Wales (No 2) [2016] NSWSC 1482

Supreme Court New South Wales

Medium Neutral Citation: Fred Saad & Ors v State of New South Wales; Ashley Saad v State of New South Wales (No 2) [2016] NSWSC 1482 Hearing dates: 30 September 2016 Date of orders: 21 October 2016 Decision date: 21 October 2016 Jurisdiction: Common Law Before: R S Hulme AJ Decision: (1) Messrs Ashley Saad, Sam Kassas and Andrew Pound to pay 70% of the Defendant's costs of and incidental to proceedings numbered 2007/265173 and proceedings numbered 2008/289620.

(2) Defendant to pay 75% of the costs of Mr Elwasfi, such costs to be limited in amount to 25% of the total costs of the 4 Plaintiffs who were parties in the said proceedings before me.

(3) Direct that any moneys payable pursuant to these orders may be set off against any costs payable between the same parties pursuant to earlier orders in the said proceedings. Catchwords: PRACTICE – costs – multiple parties – varying degrees of success – offer of compromise Legislation Cited: Civil Procedure Act 2005, s 60 Uniform Civil Procedure Rules, s 20.26, s 42.15A Category: Costs Parties: James Elwasfi (First Plaintiff) Sam Kassis (Second Plaintiff) Andrew Pound (Third Plaintiff) Ashley Saad (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: S Wheelhouse, SC, C Gregory (Plaintiffs) D Villa (Defendant)

Solicitors: Margiotta Solicitors (Plaintiffs) Lea Armstrong Crown Solicitor (Defendant) File Number(s): 2007/265173; 2008/289620 Publication restriction: No