AB Developments (Australia) Pty Ltd v El-Sayed (No 2) [2017] NSWSC 1530

Supreme Court New South Wales

Medium Neutral Citation: AB Developments (Australia) Pty Ltd v El-Sayed (No 2) [2017] NSWSC 1530 Hearing dates: 25 May 2017 and 7 September 2017 Date of orders: 13 November 2017 Decision date: 13 November 2017 Jurisdiction: Common Law Before: Beech-Jones J Decision: The Court orders that:

(1) AB Developments (Australia) Pty Ltd pay the defendant's costs of the proceedings, including the costs of the defendant's amended notice of motion filed 13 April 2017, but excluding the costs of the second plaintiff's claim, on an indemnity basis;

(2) Rhonda Georges pay the defendant's costs of the proceedings, including the costs of the defendant's amended notice of motion filed 13 April 2017, but excluding the costs of the second plaintiff's claim, on an indemnity basis; and

(3) The Amended Notice of Motion filed 13 April 2017 is otherwise dismissed. Catchwords: COSTS – application for indemnity costs order and non – party costs order following abandonment of action – principal claim was that defendant executed deed of loan, guarantee and mortgage – defendant contended that his signature was forged – non-party is sole director and shareholder of plaintiff – described herself as "professional director" – Court does not decide case that was abandoned – contended that non-party swore false affidavit as to date when documents executed – finding made – non-party conducted litigation having sworn false affidavit – indemnity costs and non-party costs order made Legislation Cited: Evidence Act 1995, s 140 Uniform Civil Procedure Rules 2005, r 4.2 Cases Cited: AB Developments (Australia) Pty Ltd v El-Sayed [2016] NSWSC 1613 Blazai Pty Ltd v Maclarens (No 2) [2013] NSWSC 31 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 FPM Constructions v Council of the City of Blue Mountains [2005] NSWCA 340 Harrison v Schipp; Cameron v Schipp [2001] NSWCA 13 Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 Knight v FP Special Assets Ltd (1992) 174 CLR 178; [1992] HCA 28 Re The Minister for Immigration and Ethnic Affairs of the Cth of Australia; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Rosie Ianelli v John Leslie Hancock t/as Hancocks Solicitors [2012] NSWSC 417 Category: Costs Parties: AB Developments (Australia) Pty Ltd (First Plaintiff) Abdul Hamdan (Second Plaintiff) Ahmed El-Sayed (Defendant) Representation: Counsel: A Duc (First Plaintiff and Ms Rhonda Georges) P Barham (Defendant)