Lahoud v Lahoud (No 2) [2018] NSWSC 179

Supreme Court New South Wales

Medium Neutral Citation: Lahoud v Lahoud (No 2) [2018] NSWSC 179 Hearing dates: 22 February 2018 Decision date: 22 February 2018 Jurisdiction: Common Law Before: McCallum J Decision: • Each party apart from the sixth defendant to bear his or its own costs of both the summons and the cross-summons; no order as to the costs of today's argument Catchwords: COSTS – where a party refused a Calderbank offer and then failed to achieve a better result – no presumption in favour of indemnity costs – offer inviting capitulation with no real element of compromise – where parties engaged in interminable disputes as to costs with no regard to proportionality Cases Cited: Jones v Bradley (No 2) 2003 NSWCA 258 Lahoud v Lahoud [2018] NSWSC 5 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Category: Costs 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)

Solicitors: MT Partners (plaintiffs) Pikes & Verekers Lawyers (first and second defendants) Crown Solicitor's Office (NSW) (fifth and sixth defendants) File Number(s): 2015/361946 Publication restriction: None