Mahony v El Bayeh (No 2) [2017] NSWSC 325

Supreme Court New South Wales

Medium Neutral Citation: Mahony v El Bayeh (No 2) [2017] NSWSC 325 Hearing dates: 1 September, 19 October, 26 October and 2 November 2016 Date of orders: 30 March 2017 Decision date: 30 March 2017 Jurisdiction: Equity Before: Robb J Decision: (1) First defendant to pay the plaintiff's costs of the proceedings on the summons and amended summons on the indemnity basis; and

(2) First defendant to pay the plaintiff's costs of the notice of motion for an order giving leave to file the cross claim on the ordinary basis. Catchwords: Costs – Indemnity costs – Whether indemnity costs order should be made against defendant – Where defendant was a self-represented litigant with limited grasp of the English language – Where defendant failed to appear in court – Where defendant failed to challenge plaintiff's evidence – Where defendant failed to comply with court orders. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bhagat v Royal and Sun Alliance Life Assurance Australia Ltd [2000] NSWSC 159 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; 118 ALR 248 King Investment Solutions v Hussain [2005] NSWSC 1076 Spalla v St George Motor Finance Ltd (No 8) [2006] FCA 1537 Category: Costs Parties: John Francis Mahony (plaintiff) Yousseff El Bayeh (first defendant) Ishtar Painting Pty Limited (second defendant) Intellect Constructions Pty Limited (third defendant) Representation: Counsel: L Reeves (plaintiff)