NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Rogic v Samaan (No 2) [2018] NSWSC 1573 Hearing dates: 16 October 2018 Date of orders: 16 October 2018 Decision date: 16 October 2018 Jurisdiction: Equity - Family Provision List Before: Kunc J Decision: Plaintiff to pay defendants' capped recoverable costs Catchwords: COSTS — Party/party — Capping recoverable costs in family provision proceedings — Unsuccessful plaintiff made no settlement offers — Desirability of consideration being given to binding costs budgets Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Civil Procedure Rules 1998 (UK), Pt 2, s II, rr 3.12–3.18 and Practice Direction 3E — Costs Management (2016) Cases Cited: Baumgartner v Baumgartner (1987) 164 CLR 137; [1987] HCA 59 Bowditch v NSW Trustee and Guardian [2012] NSWSC 702 Harkness v Harkness [2012] NSWSC 35 Moussa v Moussa [2006] NSWSC 509 Rogic v Samaan [2018] NSWSC 1464 Singer v Berghouse (1993) 114 ALR 521; [1993] HCA 35 Category: Costs Parties: Radan Rogic (Plaintiff)
Irene Samaan (First Defendant) Mile Gorgioski (Second Defendant) Representation: Counsel: A Blank (Plaintiff) E Farah — Solicitor (Defendants)
Solicitors: Novakovic Lawyers (Plaintiff) Farah Lawyers (Defendants) File Number(s): 2017/178998 Publication restriction: No
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