Moutia Elzahed & Ors v Commonwealth of Australia and State of New South Wales [2017] NSWDC 160

District Court New South Wales

Medium Neutral Citation: Moutia Elzahed & Ors v Commonwealth of Australia and State of New South Wales [2017] NSWDC 160 Hearing dates: 26 June 2017 Date of orders: 30 June 2017 Decision date: 30 June 2017 Jurisdiction: Civil Before: Balla DCJ Decision: 1 Vacate costs Orders made on 16 April 2015 and 18 November 2015. 2 The first and second plaintiffs and Sanie Fawal (as tutor for the third and fourth plaintiffs) are jointly and severally liable for the costs of the first defendant and those costs are to be paid in a gross sum of $95,000 within 28 days from the date of these Orders. 3 The first plaintiff and Sanie Fawal (as tutor for the third and fourth plaintiffs) are jointly and severally liable for the costs of the second defendant and those costs are to be paid in a gross sum of $158,706.18 within 28 days from the date of these Orders. Catchwords: CIVIL LAW – costs; gross sum costs Order Legislation Cited: UCPR 42. 15A; s 98 Civil Procedure Act 2005 Cases Cited: Hamod v State of NSW and Anor (No 13) [2009] NSWSC 756 Hamod v State of NSW [2011] NSWCA 375 Idoport Pty Limited v National Australia Bank Limited, Idoport Pty Limited v Donald Robert Argus [2007] NSWSC 23 Hall v Poolman [2007] NSWSC 1330 Bechara v Bates (No 4) 2015 NSWSC 1722 Category: Costs Parties: Moutia Elzahed & Ors (Plaintiffs)

Commonwealth of Australia (First Defendant) State of New South Wales (Second Defendant) Representation: Counsel: Mr G Foster (Plaintiffs) Mr D. Staehli, SC (First Defendant) Mr M. Hutchings (Second Defendant)