Mohareb v Palmer [2017] NSWSC 1491

Supreme Court New South Wales

Medium Neutral Citation: Mohareb v Palmer [2017] NSWSC 1491 Hearing dates: 1 November 2017 Date of orders: 01 November 2017 Decision date: 01 November 2017 Jurisdiction: Common Law Before: Adamson J Decision: (1) Leave to appeal refused.

(2) Order the plaintiff to pay the defendant's costs of the proceedings Catchwords: PRACTICE AND PROCEDURE – costs – determination of successful party – orders made by Magistrate did not correspond with orders sought in notice of motion but order sought orally in the alternative at the hearing – Magistrate made no order as to costs – leave to appeal refused

APPEAL – requirement for leave when question of law raised but order made related to costs – leave refused Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Legal Profession Act 2004 (NSW), s 373 Legal Profession Uniform Law Application Act 2014 (NSW), ss 70, 71, 83, 86 Local Court Act 2007 (NSW), ss 39,40 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Cachia v Hanes (1994) 179 CLR 403; [1994] HCA 14 Ciszek v Enterprise Financial Solutions Pty Ltd [2010] NSWSC 1265 Dang v R [2014] NSWCCA 47 Newton v R [2014] NSWCCA 41 Category: Principal judgment Parties: Nader Mohareb (Plaintiff) Matthew Palmer (Defendant) Representation: Counsel: Plaintiff (self-represented) B Gelonesi (Defendant)