NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Alsuleiman by her tutor Haimour v George (No 3) [2017] NSWDC 447 Hearing dates: On the papers Date of orders: 15 December 2017 Decision date: 15 December 2017 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: The defendant pay the plaintiff's costs on an ordinary basis up to and including 16 June 2017, and on an indemnity basis thereafter. Catchwords: COSTS — party/party — general rule that costs follow the event — application of the rule and discretion – offer of compromise – entitlement to indemnity costs – small judgment sum – no entitlement to costs – conflict between rules 42.14 and 42.35 Legislation Cited: Uniform Civil Procedure Rules 2005, r 42.13, r 42.14, r 42.15A, r 42.34, r 42.35 Cases Cited: Alsuleiman by her tutor Haimour v George [2017] NSWDC 442 Averkin v Insurance Australia Ltd (No 2) [2016] NSWCA 150 Farah Constructions Pty Ltd v Say‑Dee Pty Ltd [2007] HCA 22 Hillier v Sheather (1995) 36 NSWLR 414 Macplan Logistics Systems Pty Ltd v Baxter Healthcare Pty Ltd (1996) 39 NSWLR 324 Morgan v Johnson (1998) 44 NSWLR 578 Category: Costs Parties: Aisha Alsuleiman by her tutor Yasmin Haimour (plaintiff) Brett George (defendant) Representation: Counsel: Mr N Ghabar (plaintiff) Mr J Turnbull SC (defendant)
Solicitors: NSW Compensation Lawyers (plaintiff) Carroll & O'Dea (defendant) File Number(s): 2017/101595 Publication restriction: None
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