Lahoud v Lahoud [2018] NSWSC 5

Supreme Court New South Wales

Medium Neutral Citation: Lahoud v Lahoud [2018] NSWSC 5 Hearing dates: 14, 15 March 2017 Decision date: 15 January 2018 Jurisdiction: Common Law Before: McCallum J Decision: In the application of Victor Lahoud, grant leave to appeal on ground 1A in the further amended summons and otherwise refuse leave to appeal; appeal on ground 1A dismissed; relief sought against the Manager, Costs Assessment refused

In the application of Joseph Lahoud, grant leave to appeal on ground 2 in the further amended cross-summons and otherwise refuse leave to appeal; appeal on ground 2 dismissed Catchwords: APPEALS – competing applications for leave to appeal against determination of costs review panel – intractable dispute between brothers involving multiple reviews of costs assessment – consideration of factors relevant to whether leave should be granted

COSTS – assessment of costs – applications for leave to appeal against determination of costs review panel – documents sought by panel from costs review respondent but not provided – whether costs review panel had authority to determine objections in favour of costs review respondent without the documents sought – where parties in dispute as to proper construction of the costs order made – appropriateness of seeking leave to appeal to the court that made the order Legislation Cited: Legal Profession Act 2004 (NSW), ss 364, 375(3), 376, 379(3), 379(4), 384, 385(2) Legal Profession Uniform Law Application Regulation 2015 (NSW), r 59 Supreme Court Act 1970 (NSW), ss 23, 69 Cases Cited: Aquaqueen International Pty Ltd v Gilles [2014] NSWSC 804 Bobb v Wombat Securities Pty Ltd [2013] NSWSC 757 Coshott v Woollahra Municipal Council [2008] NSWCA 176 CSR v Eddy [2008] NSWCA 83 David Doyle v Hall Chadwick [2011] NSWSC 895 Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23 Lahoud v Lahoud [2005] NSWSC 509 Lahoud v Lahoud [2006] NSWSC 126 Lahoud v Lahoud [2006] NSWCA 169 Lahoud v Lahoud [2007] HCATrans 128 Category: Principal judgment Parties: Victor Lahoud (first plaintiff) Castle Constructions Pty Ltd (second plaintiff) Solidare Pty Ltd (third plaintiff) Joseph Lahoud (first defendant) Joseph Lahoud & Associates Pty Ltd (second defendant) Michael William Robinson (third defendant) John Bartos (fourth defendant) The Manager, Costs Assessment (fifth defendant) Attorney General (sixth defendant) Representation: Counsel: SJ Philips (plaintiffs) R Tassell (first and second defendants) C Mantziaris (sixth defendant)