Nijati by her tutor Akhberzada v Barbir; Nijati by his tutor Akhberzada v Barbir [2017] NSWDC 295

District Court New South Wales

Medium Neutral Citation: Nijati by her tutor Akhberzada v Barbir; Nijati by his tutor Akhberzada v Barbir [2017] NSWDC 295 Hearing dates: 27 October 2017 Date of orders: 31 October 2017 Decision date: 31 October 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Pursuant to s 98 Civil Procedure Act 2005 (NSW), I assess the plaintiffs' costs by way of gross sum costs order of $5,000 inclusive of disbursements. (2) The defendant (or the registrar of the court at the defendant's direction) is to pay the said sum as follows: (a) The sum of $33 is to be paid to Dr Shakila; (b) The sum of $1,375 is to be paid to Dr Davis; (c) The balance of the sum of $5,000 is to be paid to the trust account of Dehsabzi Lawyers; and (d) The remaining amount of the $10,000 paid into court by the defendant is to be refunded to them by the court. Catchwords: COSTS – infant approval – application for gross sum costs order Legislation Cited: Civil Procedure Act 2005 (NSW), ss 75-77 and 98 Cases Cited: Bobb v Wombat Securities Pty Ltd and Ors (No 2) [2013] NSWSC 863 In the matter of Aquaqueen International Pty Ltd [2015] NSWSC 500 Plassas v Person (No 2) [2016] NSWSC 1515 Category: Costs Parties: Plaintiff in 2017/179243: Zahra Nijati by her tutor Roya Akhberzada Plaintiff in 2017/179270: Mohammad Nijati by his tutor Roya Akhberzada Defendant: Mile Barbir Representation: Counsel: Plaintiff: Mr S Dehsabzi (solicitor) Defendant: Ms Z Celik (solicitor)