Nouf El Hajjar bht NSW Trustee and Guardian v Georgoulopoulos (No. 2) [2018] NSWDC 5

District Court New South Wales

Medium Neutral Citation: Nouf El Hajjar bht NSW Trustee and Guardian v Georgoulopoulos (No. 2) [2018] NSWDC 5 Hearing dates: In Chambers Date of orders: 19 January 2018 Decision date: 19 January 2018 Jurisdiction: Civil Before: Wilson SC DCJ Decision: I make the following orders: (a) I vacate order 1(b) made 16 November 2017 that the defendant pay the plaintiff's costs of the defendant's Amended Notice of Motion filed 22 June 2017; (b) in its place, I order that the defendant pay the plaintiff's costs of the defendant's Amended Notice of Motion filed 22 June 2017, save for the costs thrown away by reason of the vacation of the hearing of the Notice of Motion before Judge Neilson on 22 June 2017; (c) I dismiss the plaintiff's Notice of Motion filed 23 November 2017; (d) I order that the plaintiff pay the defendant's costs of the Notice of Motion filed 23 November 2017; (e) I note that the order as to costs made by Neilson DCJ on 22 June 2017 stands; (f) I note that the order as to costs of the plaintiff's Notice of Motion made by me on 16 November 2017 (paragraph 2(c)) stands. Catchwords: COSTS – relief sought by plaintiff for procedural breaches of the Motor Accidents Compensation Act 1999 Legislation Cited: Civil Procedure Act 2005 Limitation Act 1969 Motor Accidents Compensation Act 1999 Uniform Civil Procedure Rules 2005 Cases Cited: Commonwealth of Australia v Smith [2005] NSWCA 478 Holt v Wynter (1999-2000) 49 NSWLR 128 Texts Cited: None Category: Costs Parties: Nouf El Hajjar bht NSW Trustee and Guardian v George Georgoulopoulos Representation: Counsel: Mr P Semmler QC with Mr A Campbell (Plaintiff) Mr B Wilson (Defendant)