Taouk v Ho [2018] NSWSC 1854

Supreme Court New South Wales

Medium Neutral Citation: Taouk v Ho [2018] NSWSC 1854 Hearing dates: 14 November 2018 Date of orders: 06 December 2018 Decision date: 06 December 2018 Jurisdiction: Common Law Before: Johnson J Decision: 1. The Amended Summons is dismissed. 2. Mr Taouk is to pay Ms Ho's costs of the proceedings in this Court on the ordinary basis, with leave being granted to Ms Ho to make application for costs on a special basis by way of written submissions to be furnished to Johnson J's Associate, and served upon the legal representatives for Mr Taouk by 4.00 pm on Monday, 10 December 2018. 3. In the event that Ms Ho makes application for a special costs order, Mr Taouk may respond to the application by written submissions furnished and served by 4.00 pm on Wednesday, 12 December 2018. Catchwords: APPEAL - Local Court civil claim and judgment –judgment in favour of party in proceedings to recover money after settlement of proceedings - appeal on question of law – no error of law demonstrated – appeal dismissed with costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil Procedure Act 2005 Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Australian and New Zealand Banking Group Limited v Frost Holdings Pty Limited [1989] VR 695 Chaina v Alvaro Homes Pty Limited [2008] NSWCA 353 connect.com.au Pty Limited v GoConnect Australia Pty Limited (2000) 178 ALR 348; [2000] FCA 1148 Currie v R [2013] NSWCCA 267 Director of Public Prosecutions v Illawarra Cashmart Pty Limited (2006) 67 NSWLR 402; [2006] NSWSC 343 Harrison v Schipp [2001] NSWCA 13 Hussain v Shahidulalam [2018] NSWSC 1742 Leichhardt Municipal Council v Green [2004] NSWCA 341 Mirzikinian v Tom & Bill Waterhouse Pty Limited [2009] NSWCA 296 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 R v PL (2009) 199 A Crim R 199; [2009] NSWCCA 256 Rose v Tunstall [2018] NSWCA 241 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 White Constructions (ACT) Pty Limited (in liquidation) v White and Ors [2004] NSWSC 303 World Avenue Pty Limited v Tasunashima [2013] NSWSC 502 Texts Cited: --- Category: Principal judgment Parties: Joseph Taouk (Plaintiff) Yuen Min Ho (Defendant) Representation: Counsel: Ms M Dolenec (Plaintiff) Mr R Freeman (Defendant)