AB Developments (Australia) Pty Ltd v El-Sayed (No 2) [2017] NSWSC 1530

AB Developments (Australia) Pty Ltd v El-Sayed (No 2) [2017] NSWSC 1530

Due to improper conduct in the form of false affidavit evidence as to documents’ execution date, knowingly sworn by Ms Georges and forming the basis of AB's claim (which was abandoned post commencement), the interests of justice require that indemnity costs be ordered against AB and also a personal indemnity costs order be made against Ms Rhonda Georges, its sole director and shareholder, excluding the costs relating to the second plaintiff's claim.

Parties
First Plaintiff: AB Developments (Australia) Pty Ltd; Second Plaintiff: Abdul Hamdan; Defendant: Ahmed El-Sayed; Non Party (sole Director and Shareholder of Ab): Rhonda Georges
Jurisdiction
Australia
Judgment Date
13 November 2017
Procedural Posture
Application for Costs / Costs Order / Post Judgment; Determination of Amended Notice of Motion for Indemnity Costs and Non Party Costs Order
Outcome
Amended notice of motion granted in part: Indemnity and non-party costs orders made against AB Developments (Australia) Pty Ltd and Ms Rhonda Georges except in respect of the second plaintiff's claim; motion otherwise dismissed.
Legal Topics
Costs Orders, Indemnity Costs, Non Party Costs, False Affidavit, Abandonment of Claim
Civil Procedure Costs Orders Indemnity Costs Non Party Costs False Affidavit Abandonment of Claim

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Parties

AB Developments (Australia) Pty Ltd

First Plaintiff

Abdul Hamdan

Second Plaintiff

Ahmed El-Sayed

Defendant

Rhonda Georges

Non Party (sole Director and Shareholder of Ab)

Procedural Posture

Application for Costs / Costs Order / Post Judgment; Determination of Amended Notice of Motion for Indemnity Costs and Non Party Costs Order

Legal Issues

  1. 1 Whether indemnity costs should be ordered against AB Developments (Australia) Pty Ltd; whether a non-party (Ms Rhonda Georges) should be personally liable for costs; whether conduct of the litigation was improper due to false affidavit evidence regarding execution dates of documents

Ratio Decidendi

Due to improper conduct in the form of false affidavit evidence as to documents’ execution date, knowingly sworn by Ms Georges and forming the basis of AB's claim (which was abandoned post commencement), the interests of justice require that indemnity costs be ordered against AB and also a personal indemnity costs order be made against Ms Rhonda Georges, its sole director and shareholder, excluding the costs relating to the second plaintiff's claim.

Court Disposition

Amended notice of motion granted in part: Indemnity and non-party costs orders made against AB Developments (Australia) Pty Ltd and Ms Rhonda Georges except in respect of the second plaintiff's claim; motion otherwise dismissed.

Orders

  • AB Developments (Australia) Pty Ltd to pay the defendant's costs of the proceedings, including costs of the Amended Notice of Motion filed 13 April 2017, but excluding the costs of the second plaintiff's claim, on an indemnity basis.
  • Rhonda Georges to pay the defendant's costs of the proceedings, including costs of the Amended Notice of Motion filed 13 April 2017, but excluding the costs of the second plaintiff's claim, on an indemnity basis.