Islam v Khan & Ors (No.2) [2023] NSWDC 509

Islam v Khan & Ors (No.2) [2023] NSWDC 509

The Court found that, although the plaintiff had not complied with pleading rules, the conduct did not reach the standard requiring indemnity costs given the plaintiff’s self-represented status and lack of evidence for gross sum costs. Costs were ordered on the ordinary basis, save in relation to the directions hearing of 22 June 2023.

Jurisdiction
Australia
Judgment Date
22 November 2023
Procedural Posture
Civil / Post Dismissal Costs Determination
Outcome
Plaintiff to pay defendants' costs on the ordinary basis, except for the costs of the directions hearing of 22 June 2023.
Legal Topics
['costs' 'indemnity Costs' 'self Represented Litigants' 'pleading Rules']
['civil Procedure'] ['costs' 'indemnity Costs' 'self Represented Litigants' 'pleading Rules']

Case Brief

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Procedural Posture

Civil / Post Dismissal Costs Determination

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded against the plaintiff' 'Whether costs should be awarded on the ordinary basis' 'Entitlement to gross lump sum costs order']

Ratio Decidendi

The Court found that, although the plaintiff had not complied with pleading rules, the conduct did not reach the standard requiring indemnity costs given the plaintiff’s self-represented status and lack of evidence for gross sum costs. Costs were ordered on the ordinary basis, save in relation to the directions hearing of 22 June 2023.

Court Disposition

Plaintiff to pay defendants' costs on the ordinary basis, except for the costs of the directions hearing of 22 June 2023.

Orders

  • ['Save as to the costs of the directions hearing of 22 June 2023, the plaintiff is to pay the first, second and third defendants’ costs of the proceeding on the ordinary basis, as agreed or assessed.']