Benjamin & Khoury Pty Ltd v Rahme (No 3) [2022] NSWSC 1802

Benjamin & Khoury Pty Ltd v Rahme (No 3) [2022] NSWSC 1802

Leave to file the Further Amended Summonses was granted because the absence or deletion of some substantive prayers did not prevent the Court from exercising its powers to determine the appeals or grant appropriate relief, and the prejudice from the late new ground could be cured by giving the respondent leave to file evidence and adjourning the substantive appeal.

Jurisdiction
Australia
Judgment Date
03 November 2022
Procedural Posture
Appeals Against Decisions of a Costs Assessment Review Panel in Relation to Two Costs Assessments / Procedural Ruling on Leave to File a Further Amended Summons, Leave to File Evidence and Adjournment of the Substantive Appeal
Outcome
Leave granted to file the Further Amended Summons; respondent given leave to file evidence on the new ground; substantive appeal adjourned; costs for the day to be the respondent's costs in the appeal.
Legal Topics
['costs Assessment Appeal' 'amendment of Summons' 'further Evidence' 'adjournment' 'inherent Jurisdiction' 'party Party Costs']
['costs' 'civil Procedure' 'legal Profession'] ['costs Assessment Appeal' 'amendment of Summons' 'further Evidence' 'adjournment' 'inherent Jurisdiction' 'party Party Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeals Against Decisions of a Costs Assessment Review Panel in Relation to Two Costs Assessments / Procedural Ruling on Leave to File a Further Amended Summons, Leave to File Evidence and Adjournment of the Substantive Appeal

Legal Issues

  1. 1 ['Whether the plaintiff/appellant should have leave to file Further Amended Summonses in the costs assessment appeals.' 'Whether the addition of a new ground of appeal caused prejudice to the defendant/respondent requiring an opportunity to file evidence.' 'Whether the deletion of certain substantive prayers for relief prevented the Court from determining or granting appropriate remedies in the appeals.' 'Whether the substantive appeal should be adjourned.']

Ratio Decidendi

Leave to file the Further Amended Summonses was granted because the absence or deletion of some substantive prayers did not prevent the Court from exercising its powers to determine the appeals or grant appropriate relief, and the prejudice from the late new ground could be cured by giving the respondent leave to file evidence and adjourning the substantive appeal.

Court Disposition

Leave granted to file the Further Amended Summons; respondent given leave to file evidence on the new ground; substantive appeal adjourned; costs for the day to be the respondent's costs in the appeal.

Orders

  • ['The Court grants leave for the plaintiff/appellant to file a Further Amended Summons as provided to the Court.' 'The defendant has leave, by 5pm 21 November 2022, to file any evidence in relation to the new ground of appeal.' 'The substantive appeal is adjourned to be listed by the list clerk not before 24...