David v Kazal (No 2) [2020] NSWSC 105

Supreme Court New South Wales

Medium Neutral Citation: David v Kazal (No 2) [2020] NSWSC 105 Hearing dates: On the papers Decision date: 20 February 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) There be no order as to the costs of the defendants' notice of motion filed on 16 August 2019 (such costs to include the hearings on 3 September 2019, 6 December 2019 and 6 February 2020), with the intention that each party bear his own costs.

(2) Confirm order (4) made on 6 February 2020 that the costs of the proceedings be otherwise reserved pending the outcome of the appeal filed by the first and second defendants in the US Ninth Circuit Court of Appeals. Catchwords: COSTS — Party/Party — General rule that costs follow the event applicable to applications for security for costs — interlocutory dispute — where each party had a measure of success — no order as to costs

PRIVATE INTERNATIONAL LAW — Foreign judgments and orders — costs otherwise reserved pending outcome of appeal against foreign judgment Legislation Cited: Civil Procedure Act 2005 (NSW), ss 67, 98 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.21 Cases Cited: David v Kazal [2019] NSWSC 1763 Globus Investments Pty Ltd v William Pty Ltd [2016] NSWSC 613 Hoffmann v Challis (No 2) [2016] NSWSC 269 Wollongong Coal Ltd v Gujarat NRE Properties Pty Ltd [2019] NSWSC 187; (2019) 139 ACSR 107 Category: Costs Parties: Rodric David (Plaintiff) Tony Kazal (First Defendant) Adam Kazal (Second Defendant) Charif Kazal (Third Defendant) Representation: Counsel (for written submissions): J Hogan-Doran (Plaintiff) S Cromb (Defendants)