Rahme v Satouris (No 2) [2019] NSWSC 208

Supreme Court New South Wales

Medium Neutral Citation: Rahme v Satouris (No 2) [2019] NSWSC 208 Hearing dates: On the papers Decision date: 07 March 2019 Jurisdiction: Common Law Before: Emmett AJA Decision: Order that the plaintiffs pay the costs of the second defendant on the ordinary basis up to 31 October 2017 and on the indemnity basis from 1 November 2017 and that the plaintiffs pay the costs of the fourth defendant on the indemnity basis from 14 June 2018. Catchwords: COSTS – party/party – bases of quantification – indemnity basis – rejection by the plaintiffs of a no less favourable offer of compromise – further offers of compromise following joinder of another defendant – defendants insured under single policy of insurance Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(1) Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law Contracts Review Act 1980 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 36.16(1), 36.16(3A) 42.15A(2), 42.5 Cases Cited: Rahme v Satouris [2018] NSWSC 1753 Category: Costs Parties: Dana Rahme (First Plaintiff) Gabriel Rahme (Second Plaintiff) Benjamin & Khoury Pty Ltd (Second Defendant) Dieb P Khoury (Fourth Defendant) Representation: Counsel: D A Allen (Plaintiffs) M O'Brien (Second and Fourth Defendants)

Solicitors: Kekatos Lawyers (Plaintiffs) Sparke Helmore Lawyers (Second and Fourth Defendants) File Number(s): 2015/300814