Charafeddine v Magistrate R Denes sitting in the Coronial Jurisdiction at Ballina & Ors [2015] NSWSC 269

Charafeddine v Magistrate R Denes sitting in the Coronial Jurisdiction at Ballina & Ors [2015] NSWSC 269

Both parties acted reasonably in all the circumstances; the degree of miscommunication and lack of settlement prior to the day of hearing was to be expected given the emotional and temporal context, and no unreasonable conduct in the Lai Qin sense justified a costs order. Costs had already likely accrued regardless and neither party's conduct would have avoided them. Therefore, no order as to costs is appropriate.

Parties
Plaintiff: Bilal Charafeddine; First Defendant: Magistrate R Denes sitting in the Coronial Jurisdiction at Ballina; Second Defendant: Divina Levey; Third Defendant: Raymond John Levey; Amicus Curiae: Attorney General
Jurisdiction
Australia
Judgment Date
16 March 2015
Procedural Posture
Civil / Post Settlement, Costs Determination
Outcome
No order as to costs; settlement terms recorded as court orders.
Legal Topics
Costs, Settlement, Release of Body, Funeral Arrangements, Senior Next of Kin
Civil Procedure Costs Settlement Release of Body Funeral Arrangements Senior Next of Kin

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Parties

Bilal Charafeddine

Plaintiff

Magistrate R Denes sitting in the Coronial Jurisdiction at Ballina

First Defendant

Divina Levey

Second Defendant

Raymond John Levey

Third Defendant

Attorney General

Amicus Curiae

Procedural Posture

Civil / Post Settlement, Costs Determination

Legal Issues

  1. 1 Whether the plaintiff should pay the costs of proceedings following settlement on the day of hearing relating to release of the deceased's body and funeral arrangements
  2. 2 Whether the conduct of the plaintiff was unreasonable in the sense that would justify a costs order against him

Ratio Decidendi

Both parties acted reasonably in all the circumstances; the degree of miscommunication and lack of settlement prior to the day of hearing was to be expected given the emotional and temporal context, and no unreasonable conduct in the Lai Qin sense justified a costs order. Costs had already likely accrued regardless and neither party's conduct would have avoided them. Therefore, no order as to costs is appropriate.

Court Disposition

No order as to costs; settlement terms recorded as court orders.

Orders

  • Declaration that the second and third defendants are the senior next of kin of Aisha Charafeddine (also known as Rebecca Reardon) for the purposes of the Coroners Act 2009 (NSW).
  • Second and third defendants to have custody of the body of the deceased for burial.