Rahme v Benjamin & Khoury Pty Ltd (Costs) [2023] NSWSC 521

Rahme v Benjamin & Khoury Pty Ltd (Costs) [2023] NSWSC 521

No basis for indemnity costs was shown because the findings in the 23 March 2023 judgment had resolved the relevant misconduct and ulterior purpose allegations against Mrs Rahme. Although Mrs Rahme should have streamlined and confined the way the matter was pleaded and argued, the appeal motion was heard reasonably efficiently. B&K's proposed resolution did not entirely accord with the order circumscribing the relief available, and fixing costs would likely generate further dispute. Given the nature of the matter and the comparatively brief hearing, it was not appropriate to apportion costs issue by issue; costs of the appeal should remain payable by B&K to Mrs Rahme on the ordinary basis.

Jurisdiction
Australia
Judgment Date
18 May 2023
Procedural Posture
Costs Application in Civil Appeal Proceedings / On the Papers, Following the 23 March 2023 Judgment and Submissions Seeking Variation of Order 3
Outcome
Costs of the appeal awarded in the same terms as Order 3 of the 23 March 2023 judgment; indemnity costs, own-costs orders, and gross sum costs were not ordered.
Legal Topics
['costs Variation' 'indemnity Costs' 'gross Sum Costs' 'costs Follow the Event' 'issue by Issue Apportionment of Costs']
['civil Procedure' 'costs'] ['costs Variation' 'indemnity Costs' 'gross Sum Costs' 'costs Follow the Event' 'issue by Issue Apportionment of Costs']

Case Brief

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Procedural Posture

Costs Application in Civil Appeal Proceedings / On the Papers, Following the 23 March 2023 Judgment and Submissions Seeking Variation of Order 3

Legal Issues

  1. 1 ['Whether Dana Rahme should receive indemnity costs of the appeal motion.' "Whether the parties should bear their own costs instead of the respondent paying the applicant's costs on the ordinary basis." "Whether the applicant's costs should be fixed as a specified gross sum amount pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW)." 'Whether costs should be apportioned to reflect the degree of success on distinct issues.']

Ratio Decidendi

No basis for indemnity costs was shown because the findings in the 23 March 2023 judgment had resolved the relevant misconduct and ulterior purpose allegations against Mrs Rahme. Although Mrs Rahme should have streamlined and confined the way the matter was pleaded and argued, the appeal motion was heard reasonably efficiently. B&K's proposed resolution did not entirely accord with the order circumscribing the relief available, and fixing costs would likely generate further dispute. Given the nature of the matter and the comparatively brief hearing, it was not appropriate to apportion costs issue by issue; costs of the appeal should remain payable by B&K to Mrs Rahme on the ordinary basis.

Court Disposition

Costs of the appeal awarded in the same terms as Order 3 of the 23 March 2023 judgment; indemnity costs, own-costs orders, and gross sum costs were not ordered.

Orders

  • ["Benjamin & Khoury Pty Ltd is to pay Dana Rahme's costs of these proceedings on the ordinary basis."]