Kazal v Independent Commission Against Corruption and Ors (No 2) [2020] NSWSC 17

Supreme Court New South Wales

Medium Neutral Citation: Kazal v Independent Commission Against Corruption and Ors (No 2) [2020] NSWSC 17 Hearing dates: On the papers (last submissions filled on 25 June 2019) Decision date: 03 February 2020 Jurisdiction: Common Law Before: N Adams J Decision: Order 2 of the six orders made on 18 April 2019 is varied as follows:

(2) The plaintiff is to the pay all the defendants' costs of these proceedings, including the costs ordered by Davies J on 7 September 2018, on an indemnity basis. Catchwords: COSTS – indemnity costs – summary dismissal – judicial review and tortious claim – where Independent Commission Against Corruption made findings plaintiff acted corruptly – where findings were referred to Director of Public Prosecutions but no charges laid – whether plaintiff, properly advised, should have known that proceedings had no prospects of success – self-represented litigant – whether allegations of maliciousness – whether plaintiff unreasonably rejected an offer – whether ulterior motive for continuing litigation Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 13.4. Independent Commission Against Corruption Act 1988 (NSW), s 57B, s 77A Civil Procedure Act 2005 (NSW), s 98(1)(a) Cases Cited: Bhagat v Royal and Sun Alliance Life Assurance Australia Ltd [2000] NSWSC 159 Flotilla Nominees Pty Ltd v Western Australian Land Authority (2003) 28 WAR 95; [2003] WASC 122 (S Fountain Selected Meat (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 at 401; [1988] FCA 364 Hamod v State of New South Wales (2002) 188 ALR 659; [2002] FCA 424 Insurance Australia Ltd v Dent [2019] NSWCA 134 Kazal v Independent Commission Against Corruption [2013] NSWSC 53 Kazal v Independent Commission Against Corruption [2019] NSWSC 556 Luo v Carbone [2019] NSWSC 830 Obeid Snr v Ipp [2017] NSWSC 271 Picone v Velos [2007] FCA 1183 Tabbaa v Nine Network Pty Ltd (No 11) [2018] NSWSC 389 Vink v Tuckwell (No 3) [2008] VSC 316 Westpac Banking Corporation v Barber [2015] NSWSC 1606 Category: Costs Parties: Charif Kazal (Plaintiff) Independent Commission Against Corruption (First Defendant) The Honourable David Ipp QC (Second Defendant) Representation: Counsel: Zelie Heger (First Defendant) Stephen Free SC with Perry Herzfeld (Second Defendant)