Issa v Osman (No.4) [2017] NSWSC 1790

Supreme Court New South Wales

Medium Neutral Citation: Issa v Osman (No.4) [2017] NSWSC 1790 Hearing dates: 24 November 2017 Date of orders: 24 November 2017 Decision date: 24 November 2017 Jurisdiction: Common Law Before: Garling J Decision: (1) Vacate Order 5 made by the Court on 8 June 2017. (2) Order that in lieu of that order, the first defendant is pay the costs of the plaintiffs on the ordinary basis. (3) Order the second defendant to pay the costs of the plaintiffs on an indemnity basis. (4) Stand the balance of the Notice of Motion filed 21 June 2017 over to 28 March 2018 before the Registrar at 9am. (5) Order each party to pay their own costs of that part of the Motion which has been disposed of today. Catchwords: COSTS – indemnity basis – where judgment had been given for plaintiffs – where contract of sale of land had been validly and lawfully terminated – where caveat removed - whether defences and cross-claim were hopeless – whether no prospect of success – first defendant to pay ordinary costs – second defendant to pay indemnity costs Legislation Cited: Civil Procedure Act 2005 Cases Cited: Issa v Osman (No 2) [2017] NSWSC 663 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Peter Issa (P1) Eva Mary Issa (P2) Youssef Osman (D1) Mohamed Khaled Osman (D2) Representation: Counsel: M O'Connor (P1, P2) B Symons (D1, D2) File Number(s): 2016/60481 Publication restriction: Not Applicable