Malek Fahd Islamic School Limited v The Australian Federation of Islamic Councils Inc (No 2) [2018] NSWSC 361

Supreme Court New South Wales

Medium Neutral Citation: Malek Fahd Islamic School Limited v The Australian Federation of Islamic Councils Inc (No 2) [2018] NSWSC 361 Hearing dates: 15 March 2018 Decision date: 23 March 2018 Jurisdiction: Equity Before: Ball J Decision: (1) The defendant pay 70 per cent of the plaintiff's costs of the proceedings (including the cross-claim) up to and including 3 November 2017, other than the costs of and incidental to obtaining the expert report of Ms Felicity Jane Hoolihan dated 6 July 2017; and

(2) The plaintiff pay the defendant's costs of the proceedings on an indemnity basis on and from 4 November 2017. Catchwords: COSTS – Party/Party – General rule that costs follow the event – Offers of compromise/Calderbank offers – Apportionment of costs for work on different claims with varied success COSTS – Party/Party – General rule that costs follow the event – Effect of expert report's failure to meet standard of independence required by Uniform Civil Procedure Rules 2005 (NSW) Sch 7 COSTS – Party/Party – General rule that costs follow the event – Offers of compromise/Calderbank offers – Reasonableness of accepting an offer of compromise – Date from when indemnity costs should be calculated Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rule 2005 (NSW) Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Doppstadt Pty Ltd v Lovick & Sons Developments Pty Ltd (No 2) [2014] NSWCA 219 Malek Fahd Islamic School Limited v The Australian Federation of Islamic Councils Inc [2017] NSWSC 1712 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40 Sabah Yazgi v Permanent Custodians Limited (No 2) [2007] NSWCA 306 Category: Costs Parties: Malek Fahd Islamic School Limited (ACN 000 038 648) (Plaintiff) The Australian Federation of Islamic Councils Inc (ABN 37 002 757 155) (Defendant) Representation: Counsel: T Hollo (Plaintiff) MR Elliott SC with N Dewan (Defendant)