Chikal Pty Limited & Anor v Youssef El Bayeh & Anor [2011] NSWSC 230

Chikal Pty Limited & Anor v Youssef El Bayeh & Anor [2011] NSWSC 230

Mr Youssef El Bayeh opposed payment out of court on 22 November 2010 and initially on 15 December 2010, but after exchanges exposing difficulties in his position he ceased opposition subject to a stay. Chikal, Mr Sam El Bayeh and BI Constructions were therefore successful against him, and his opposition caused additional costs, warranting costs orders against him. Barlaw had no contractual or equitable rights against Chikal or the funds in court, and any claim for payment was against BI Constructions after BI Constructions received its share; Barlaw was therefore not entitled to costs against Chikal and was ordered to pay Chikal's costs of that costs application.

Jurisdiction
Australia
Judgment Date
30 March 2011
Procedural Posture
Consequential Orders as to Costs / Costs Applications Following Orders for Payment Out of Court
Outcome
Costs orders made in favour of Chikal Pty Ltd, Mr Sam El Bayeh and BI Constructions Pty Ltd against Mr Youssef El Bayeh; Barlaw's costs application against Chikal dismissed; costs ordered against Barlaw in favour of Chikal.
Legal Topics
['costs Follow the Event' 'discretion as to Costs' 'costs of Payment Out of Court Application' 'consequential Orders']
['civil Procedure' 'costs'] ['costs Follow the Event' 'discretion as to Costs' 'costs of Payment Out of Court Application' 'consequential Orders']

Case Brief

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Procedural Posture

Consequential Orders as to Costs / Costs Applications Following Orders for Payment Out of Court

Legal Issues

  1. 1 ['Whether Chikal Pty Ltd should receive costs against Mr Youssef El Bayeh from 22 November 2010.' 'Whether Mr Sam El Bayeh should receive costs against Mr Youssef El Bayeh.' 'Whether BI Constructions Pty Ltd should receive costs against Mr Youssef El Bayeh.' "Whether Barlaw Pty Ltd should receive costs against Chikal Pty Ltd in relation to Barlaw's Notice of Motion and appearances."]

Ratio Decidendi

Mr Youssef El Bayeh opposed payment out of court on 22 November 2010 and initially on 15 December 2010, but after exchanges exposing difficulties in his position he ceased opposition subject to a stay. Chikal, Mr Sam El Bayeh and BI Constructions were therefore successful against him, and his opposition caused additional costs, warranting costs orders against him. Barlaw had no contractual or equitable rights against Chikal or the funds in court, and any claim for payment was against BI Constructions after BI Constructions received its share; Barlaw was therefore not entitled to costs against Chikal and was ordered to pay Chikal's costs of that costs application.

Court Disposition

Costs orders made in favour of Chikal Pty Ltd, Mr Sam El Bayeh and BI Constructions Pty Ltd against Mr Youssef El Bayeh; Barlaw's costs application against Chikal dismissed; costs ordered against Barlaw in favour of Chikal.

Orders

  • ["Order that Mr Youssef El Bayeh, the first defendant, pay 50 per cent of the costs of the plaintiffs and the second defendant of their appearances on 22 November 2010 and 100 per cent of those parties' costs thereafter, but in the case of Chikal, excluding the costs referred to in Order 3." "Dismiss Barlaw's...