Issa v Osman (No.3) [2017] NSWSC 850

Supreme Court New South Wales

Medium Neutral Citation: Issa v Osman (No.3) [2017] NSWSC 850 Hearing dates: 15 June 2017 Date of orders: 15 June 2017 Decision date: 15 June 2017 Jurisdiction: Common Law Before: Garling J Decision: (1) Order that there be an enquiry as to damages with respect to the lodging by the second defendant on or about 3 February 2016 of caveat AK182112 and in light of the second defendant's undertaking as to damages given to the Court on 18 March 2016. (2) Stand over the enquiry for directions to 9am on Wednesday 12 July 2017 before the Registrar. (3) Order that the orders of the Court made on 3 May 2017, except for the order for costs, be vacated. (4) Order that the application by the plaintiffs for an enquiry as to damages against the first defendant be dismissed. (5) Order that the plaintiffs pay the first defendant's costs of today. (6) Order that any party seeking to set aside or vary the order that the defendants pay the costs of the plaintiffs made by the Court on 8 June 2017 is to file a notice of motion and all affidavits in support and to serve those documents on or before 4pm, Wednesday, 21 June 2017. I note that such notice of motion is filed pursuant to rule 36. 16 (3A) of the Uniform Civil Procedure rules. (7) I grant leave for any such notice of motion to be made returnable before the Court at 9am on Wednesday, 12 July 2017. (8) I list any such motion in the Registrar's list on that day. Catchwords: DAMAGES – general principles – enquiry as to damages Legislation Cited: Real Property Act 1900 Cases Cited: Issa v Osman (No 2) [2017] NSWSC 663 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Peter Issa (P1) Eva Mary Issa (P2) Youssef Osman (D1) Mohamed Khaled Osman (D2) Representation: Counsel: M Barrak (P1, P2) M Mando (D1) M Osman (D2)