In the matter of Webuildem Pty Limited and In the matter of Maroun Investments Pty Limited (No 8) [2012] NSWSC 882

In the matter of Webuildem Pty Limited and In the matter of Maroun Investments Pty Limited (No 8) [2012] NSWSC 882

The Plaintiffs and Arab Bank Australia Limited were successful in defending the Interlocutory Process. No reason is shown to depart from the ordinary rule that costs follow the event for the Plaintiffs. As the Bank had a contractual entitlement in the mortgage to indemnity costs, the Court's discretion is exercised to give effect to that entitlement, ordering the Defendants to pay the Bank’s costs on an indemnity basis.

Parties
Plaintiff/first Cross Defendant: Paul Gerard Weston; Plaintiff/second Cross Defendant: David Gregory Young; Third Cross Defendant: Arab Bank Australia Limited; First Defendant/first Cross Claimant: Webuildem Pty Limited; Second Defendant/second Cross Claimant: Maroun Investments Pty Limited; Third Defendant/third Cross Claimant: George Maroun Rahme; Fourth Defendant/fourth Cross Claimant: Nouha Rahme
Jurisdiction
Australia
Judgment Date
02 August 2012
Procedural Posture
Interlocutory Application Regarding Costs / Post Dismissal of Interlocutory Process; Determination of Costs
Outcome
Defendants ordered to pay Plaintiffs’ costs on ordinary basis and Arab Bank Australia Limited's costs on indemnity basis.
Legal Topics
Costs, Contractual Entitlement to Costs, Indemnity Costs, Ordinary Costs
Civil Procedure Corporations Costs Contractual Entitlement to Costs Indemnity Costs Ordinary Costs

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Parties

Paul Gerard Weston

Plaintiff/first Cross Defendant

David Gregory Young

Plaintiff/second Cross Defendant

Arab Bank Australia Limited

Third Cross Defendant

Webuildem Pty Limited

First Defendant/first Cross Claimant

Maroun Investments Pty Limited

Second Defendant/second Cross Claimant

George Maroun Rahme

Third Defendant/third Cross Claimant

Nouha Rahme

Fourth Defendant/fourth Cross Claimant

Procedural Posture

Interlocutory Application Regarding Costs / Post Dismissal of Interlocutory Process; Determination of Costs

Legal Issues

  1. 1 Should costs of the Interlocutory Process be ordered to follow the event?
  2. 2 Should costs payable to Arab Bank Australia Limited be on an indemnity basis, relying upon the terms of the mortgage?

Ratio Decidendi

The Plaintiffs and Arab Bank Australia Limited were successful in defending the Interlocutory Process. No reason is shown to depart from the ordinary rule that costs follow the event for the Plaintiffs. As the Bank had a contractual entitlement in the mortgage to indemnity costs, the Court's discretion is exercised to give effect to that entitlement, ordering the Defendants to pay the Bank’s costs on an indemnity basis.

Court Disposition

Defendants ordered to pay Plaintiffs’ costs on ordinary basis and Arab Bank Australia Limited's costs on indemnity basis.

Orders

  • The Defendants pay the Plaintiffs' costs of and incidental to the Interlocutory Process filed 12 June 2012.
  • The Defendants pay Arab Bank Australia Limited's costs of and incidental to the Interlocutory Process filed 12 June 2012 on an indemnity basis.