Behnia v Sarraf [2019] NSWDC 138

District Court New South Wales

Medium Neutral Citation: Behnia v Sarraf [2019] NSWDC 138 Hearing dates: 9 April 2019 Date of orders: 18 April 2019 Decision date: 18 April 2019 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The time for the plaintiff to file the Summons in the proceedings is extended up to and including 30 November 2018. (2) The appeal is allowed. (3) The determinations of Assessor T Stern dated 23 April 2018 are set aside. (4) The determinations of the Review Panel dated 3 October 2018 are set aside. (5) The defendant is to pay the plaintiff's costs of this appeal as agreed or assessed. (6) Liberty to the parties to seek a different costs order to that set out in paragraph (5) above within 21 days. Catchwords: Appeal – costs – whether general order disposing of proceedings vacates or replaces prior interlocutory orders made as to costs – whether error of law by costs assessor and Review Panel Legislation Cited: Legal Profession Uniform Law Application Act 2014 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: El-Wasfi v State of New South Wales (No 2) [2018] NSWCA 27 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40 Universal Music Australia Pty Ltd v Sharman Networks Ltd [2006] FCAFC 41 Wende v Horwath (NSW) Pty Ltd [2014] NSWCA 170 Category: Costs Parties: Masud Behnia (Plaintiff) Ardalan Sarraf (Defendant) Representation: Counsel: A Cornish (Plaintiff) R Golovina (Defendant)