Saba El-Hanania t/as Saba El-Hanania Lawyers v Vella (No 2) [2018] NSWDC 207

Although the solicitor improved his position by reducing the indebtedness amount, the former client was largely successful in maintaining his position because the proceeding was designed to set aside the whole costs assessment process and start again. The proceedings were therefore determined favourably to the former client, and he should receive costs limited to the conceded sum of $5,000.

Jurisdiction: Australia
Judgment Date: 31 May 2018
Procedural Posture: Civil Costs Matter / Costs Determination Following Accommodation Between the Parties
Outcome: The appellant was ordered to pay the defendant's costs assessed at $5,000.
Legal Topics: ['costs Assessment' 'costs Order' 'default Judgment' 'garnishee Order']

['costs'] ['costs Assessment' 'costs Order' 'default Judgment' 'garnishee Order']

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

Procedural Posture

Civil Costs Matter / Costs Determination Following Accommodation Between the Parties

Legal Issues

1 ["Whether costs should be ordered in favour of the solicitor or the former client after the solicitor's indebtedness was adjusted from an erroneous costs assessor's certificate." "Whether the former client's costs should be limited to $5,000."]

Ratio Decidendi

Court Disposition

The appellant was ordered to pay the defendant's costs assessed at $5,000.

Orders

["I order the appellant to pay the defendant's costs assessed at $5,000."]