El-Hanania v Benyamin [2019] NSWSC 1830

Supreme Court New South Wales

Medium Neutral Citation: El-Hanania v Benyamin [2019] NSWSC 1830 Hearing dates: On the papers Date of orders: 18 December 2019 Decision date: 18 December 2019 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order, pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW), that the costs which the plaintiff was ordered to pay the first defendant be paid in the gross sum of $21,000.

(2) Order the plaintiff to pay the first defendant's costs of her application under s 98(4) of the Civil Procedure Act 2005 (NSW) in the gross sum of $3,200. Catchwords: COSTS – application for costs order to be paid in gross sum – evidence in support of gross sum from expert costs assessor – rounded-down sum ordered as asked – order that costs of application also be paid in gross sum Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Category: Costs Parties: Saba El-Hanania (Plaintiff) Christina Benyamin (First Defendant) John Sharpe (Second Defendant) Representation: Counsel: A Duc (Plaintiff) R Goodridge (First Defendant)

Solicitors: Saba Lawyers (Plaintiff) Firths The Compensation Lawyers (First Defendant) File Number(s): 2019/110567

Judgment

Introduction 1. By summons filed on 9 April 2019, Saba El-Hanania, the plaintiff, sought orders which included orders setting aside certificates issued by John Sharpe, the second defendant (the Costs Assessor) in respect of costs the subject of an order made by Pembroke J on 10 May 2018 in favour of Christina Benyamin, the first defendant. The hearing of the matter commenced before me on 14 November 2019. During a short adjournment, the matter was resolved by consent orders dismissing the summons and ordering the plaintiff to pay the first defendant's costs. 2. I noted that the plaintiff accepted that he had not served the Costs Assessor. Because of the way in which the proceedings were resolved, it was not necessary that the matter be adjourned to permit the Costs Assessor to be served. Had the Costs Assessor been served, it would have been expected that the Costs Assessor would have filed a submitting appearance.