Roude v Helwani (No 2) [2020] NSWSC 302

Supreme Court New South Wales

Medium Neutral Citation: Roude v Helwani (No 2) [2020] NSWSC 302 Hearing dates: On the papers Date of orders: 26 March 2020 Decision date: 26 March 2020 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The order that the plaintiffs pay the defendant's costs on an ordinary basis is set aside.

(2) The plaintiffs are to pay the defendant's costs on an indemnity basis in relation to this appeal. Catchwords: COSTS – Indemnity costs – No point of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.2 Cases Cited: Cat Media Pty Ltd v Allianz Australia Insurance Ltd [2006] NSWSC 790 Ettingshausen v Australian Consolidated Press Ltd (1995) 38 NSWLR 404 Roude v Helwani [2020] NSWSC 123 Category: Costs Parties: Ali Roude (First Plaintiff) Susan Roude (Second Plaintiff) Adib Helwani (Defendant) Representation: By written submissions

Solicitors: Darby Jones Lawyers (Plaintiffs) Garland Hawthorn Brahe (Defendant) File Number(s): 2017/295301 Publication restriction: Nil

Judgment 1. HER HONOUR: This is a judgment on indemnity costs. 2. Mr Helwani seeks that his costs be paid on an indemnity basis. The Roudes object to such an order. 3. On 26 February 2020, I handed down judgment in Roude v Helwani [2020] NSWSC 123. I made orders dismissing the appeal, affirming the decision of the Magistrate dated 9 November 2018 and dismissing the amended summons dated 5 September 2019. The Magistrate had entered judgment in favour of Mr Helwani in the sum of $86,071.50. I also made an order that the plaintiff pay the defendant's costs on an ordinary basis. As I had not heard from the parties on costs, I granted leave for them to make submissions in relation to an application for an order for indemnity costs. I now have these submissions.