Gilles v Salem [2018] NSWSC 506

Supreme Court New South Wales

Medium Neutral Citation: Gilles v Salem [2018] NSWSC 506 Hearing dates: On the papers Date of orders: 24 April 2018 Decision date: 24 April 2018 Jurisdiction: Equity Before: Darke J Decision: Application for costs orders against respondents dismissed Catchwords: COSTS – order sought against non-parties – whether proceedings necessary due to conduct of respondents – respondents caused lapsing notice to be served in relation to plaintiffs' caveat – whether respondents acted reasonably Cases Cited: Allen Taylor & Co Pty Ltd v Harrison [2010] NSWSC 1021 Andrews v Wilcox [2008] NSWSC 280 Awadallah v Hymix Australia Pty Ltd [2015] NSWSC 117 Yu v Cao [2015] NSWCA 276 Category: Costs Parties: Joseph John Gilles (First Plaintiff) Gregory George Eliades (Second Plaintiff) Taha Salem (Defendant) Nancy Taha Salem and Shadi Ghazal (Respondents) Representation: Counsel: Mr L T Fermanis (Plaintiffs) Mr M J Stevens (Respondents)

Solicitors: Giles Payne & Co (Plaintiffs) Mersal & Associates (Respondents) File Number(s): 2016/53877 Publication restriction: None

Judgment

Introduction 1. By a Notice of Motion filed on 4 September 2017, the plaintiffs seek an order pursuant to s 98 of the Civil Procedure Act 2005 (NSW) that the respondents, who are not parties to the proceedings, pay the plaintiffs' costs of the proceedings, save for the period 2 March 2016 to 8 April 2016. 2. It was agreed that the application could be determined on the papers. The plaintiffs rely upon the affidavits of the first plaintiff sworn on 10 May 2017 and 8 February 2018, and the respondents rely upon the affidavit of the first respondent sworn on 4 December 2017. Written submissions have been received from the plaintiffs and the respondents.