Moubarak by his tutor Coorey v Holt (No 2) [2019] NSWCA 188

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Moubarak by his tutor Coorey v Holt (No 2) [2019] NSWCA 188 Hearing dates: On the papers Date of orders: 31 July 2019 Decision date: 31 July 2019 Before: Bell P at [1]; Leeming JA at [35]; Emmett AJA at [36] Decision: 1. Order that the respondent pay the appellant's costs of the application for leave to appeal in this Court and the costs of and incidental to the hearing of the notice of motion determined by Wilson DCJ on 24 September 2018.

2. Order that the appellant pay any costs incurred by the respondent in the period between 20 October 2018 and 24 April 2019 for the purposes of preparation for the trial of the District Court proceedings initially set down for the week commencing 29 January 2019 and then set down for 29 April 2019. Catchwords: APPEALS – application for leave to appeal – notice of intention to appeal – delay in filing application for leave to appeal in context of ongoing proceedings – absence of compelling explanation for delay in exercising appeal rights in circumstances where a trial in the District Court had been set down for hearing – expedition in applications for leave to appeal in relation to ongoing proceedings

CIVIL PROCEDURE – pleadings – particulars – further and better – "back and forth" of requests for particulars and answers or non-answers persisted over the course of a year – obligation of practitioners to facilitate overriding purpose of Civil Procedure Act 2005 (NSW) in the making and answering of such requests

COSTS – exceptions to general rule that costs follow the event – application for permanent stay of proceedings – delay in bringing application for permanent stay of proceedings – delay in seeking leave to appeal the refusal of a stay – failure to seek expedition in application for leave to appeal in respect of ongoing proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 59 Uniform Civil Procedure Rules 2005 (NSW), r 15.1 Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Devenish v Jewel Food Stores Pty Ltd [1990] HCA 35; 64 ALJR 533; Dillon v Boland; Dillon v Cush [2012] NSWCA 364 Moubarak by his tutor Coorey v Holt [2019] NSWCA 102 Nowlan v Marson Transport Pty Ltd (2001) 53 NSWLR 116; [2001] NSWCA 346 Oceanic Sun Line Special Shipping Co Inc v Fay (1988) 165 CLR 197; [1988] HCA 32 PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 State of New South Wales v Stanley [2007] NSWCA 330 Sze Tu v Lowe (No 2) [2015] NSWCA 91 Texts Cited: J D Heydon, M J Leeming and P G Turner, Meagher Gummow & Lehane's Equity: Doctrines and Remedies (5th ed, 2015, LexisNexis Butterworths) Category: Costs Parties: Joseph Moubarak (Applicant) Suzanne Holt (Respondent) Representation: Counsel: C Wood (Solicitor) (Applicant) T J Ryan (Respondent)