Khoury v JCS Technologies Pty Ltd [2016] NSWSC 1575

Supreme Court New South Wales

Medium Neutral Citation: Khoury v JCS Technologies Pty Ltd [2016] NSWSC 1575 Hearing dates: 25 August, 6 September 9 September, 20 October and 3 November 2016 Date of orders: 03 November 2016 Decision date: 03 November 2016 Jurisdiction: Common Law Before: Barrett AJA Decision: Order that the plaintiff pay the costs of the second and third defendants referable to the period commencing on 18 August 2016 (including costs of the notice of motion filed on 28 October 2016), such costs to be assessed on an indemnity basis, and that, as to costs referable to the period before 18 August 2016, there be no order as to costs, to the intent that each party should bear that party's own costs. Catchwords: PROCEDURE – COSTS – where proceedings settled after final hearing and before reserved judgment delivered – whether contract constituted by terms of settlement precludes each party from seeking costs order – where settlement six days after judgment reserved constituted by plaintiff's acceptance of offer made by defendants 20 days before final hearing – whether capitulation – whether unreasonable conduct and relevant delinquency by plaintiff Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bittania Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Lafferty v Waterton [2016] WASCA 183 One.Tel v Deputy Commissioner of Taxation (2000) 101 FCR 548; [2000] FCA 270 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Whitney v Dream Developments Pty Ltd (2013) 84 NSWLR 311; [2013] NSWCA 188 Category: Principal judgment Parties: Tony Luke Khoury (Plaintiff) JCS Technologies Pty Ltd (First Defendant) John Okeil (Second Defendant) Josephine Frances Okeil (Third Defendant) Representation: Counsel: Mr R Scheelings (Plaintiff) Mr LC Muddle SC (Second and Third Defendants)