Fadi Adeeb v Christopher Adeeb Alali [2013] NSWSC 312

Fadi Adeeb v Christopher Adeeb Alali [2013] NSWSC 312

The proceedings were commenced on the basis of uncontroverted false evidence, amounting to an abuse of process and justifying indemnity costs and referral to prosecutorial authorities.

Parties
Plaintiff: Fadi Adeeb; First Defendant: Christopher Adeeb Alali; Second Defendant: Leila Alali
Jurisdiction
Australia
Judgment Date
04 April 2013
Procedural Posture
Equity Proceedings / Costs and Referral Orders After Discontinuance
Outcome
Plaintiff to pay second defendant's costs on the indemnity basis; papers referred to Director of Public Prosecutions; leave to discontinue granted as between plaintiff and first defendant with no order as to costs.
Legal Topics
Indemnity Costs, Abuse of Process, False Evidence, Referral to Prosecution
Equity Civil Procedure Indemnity Costs Abuse of Process False Evidence Referral to Prosecution

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 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Fadi Adeeb

Plaintiff

Christopher Adeeb Alali

First Defendant

Leila Alali

Second Defendant

Procedural Posture

Equity Proceedings / Costs and Referral Orders After Discontinuance

Legal Issues

  1. 1 Whether indemnity costs should be ordered against the plaintiff
  2. 2 Whether there is evidence of false swearing justifying referral to the Director of Public Prosecutions

Ratio Decidendi

The proceedings were commenced on the basis of uncontroverted false evidence, amounting to an abuse of process and justifying indemnity costs and referral to prosecutorial authorities.

Court Disposition

Plaintiff to pay second defendant's costs on the indemnity basis; papers referred to Director of Public Prosecutions; leave to discontinue granted as between plaintiff and first defendant with no order as to costs.

Orders

  • Plaintiff to pay second defendant's costs on the indemnity basis
  • Principal Registrar to refer the papers and reasons to the Director of Public Prosecutions