Helou v M & J Enterprises & Ors (No 2) [2016] NSWSC 1609

Supreme Court New South Wales

Medium Neutral Citation: Helou v M & J Enterprises & Ors (No 2) [2016] NSWSC 1609 Hearing dates: 9 November 2016 Date of orders: 17 November 2016 Decision date: 17 November 2016 Jurisdiction: Common Law Before: Campbell J Decision: (1) The plaintiff's application for a specified gross sum costs order is refused; (2) Costs of the application are reserved Catchwords: COSTS – costs of interlocutory proceedings – costs follow event – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), r 42, 47 Cases Cited: Helou v M & J Enterprises & Ors [2016] NSWSC 1202 Category: Procedural and other rulings Parties: George Helou (Plaintiff) M & J Enterprises Australia Pty Ltd (First Defendant) Jagoda Gligorijevic (Second Defendant) Milosav Gligorijevic (Third Defendant) Representation: Counsel: E. Georges (solicitor)(Plaintiff) E. Kanaan (solicitor) (Defendant)

Solicitors: Elee Luke Georges (Plaintiff) Benjamin & Khoury Solicitors and Attorneys (First-Third Defendants) File Number(s): 2016/248914

1. This litigation concerns a series of business and property transactions amongst the parties. The proceedings were listed for hearing before me on 24 August 2016 with an estimate of two days. The plaintiff's claim was for possession of certain property at Tahmoor and the recovery of what was alleged to be arrears of rent. By cross-claim the defendants seek various forms of monetary relief totalling somewhere between $570,000 and $1 million, depending upon how one calculates it, in respect of various causes of action including debt, conversion, breach of contract, and restitution of amounts paid under uncompleted contracts on termination.