Farah v Elias [2015] NSWSC 1417

Farah v Elias [2015] NSWSC 1417

Mr Farah is entitled to his costs as the documents sought by Mr Elias (professional indemnity insurance details) were of no discernible relevance to the original Tribunal dispute and the proceedings were rendered redundant following Mr Elias' effective surrender. The principle that costs follow the event, applied in the context of no substantive hearing, weighed in Mr Farah's favour as the party not responsible for incurring the additional litigation.

Jurisdiction
Australia
Judgment Date
30 September 2015
Procedural Posture
Costs Application / Post Proceedings Costs Determination
Outcome
First defendant ordered to pay the plaintiff's costs of and incidental to the summons.
Legal Topics
['costs' 'judicial Review' 'tribunal Proceedings']
['civil Procedure'] ['costs' 'judicial Review' 'tribunal Proceedings']

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
Sign in to unlock

Procedural Posture

Costs Application / Post Proceedings Costs Determination

Legal Issues

  1. 1 ["Whether the defendant should pay the plaintiff's costs for proceedings in the Supreme Court after the substantive dispute was resolved extra-curially" 'Whether the documents sought (professional indemnity insurance details) were relevant to the original dispute before the Tribunal']

Ratio Decidendi

Mr Farah is entitled to his costs as the documents sought by Mr Elias (professional indemnity insurance details) were of no discernible relevance to the original Tribunal dispute and the proceedings were rendered redundant following Mr Elias' effective surrender. The principle that costs follow the event, applied in the context of no substantive hearing, weighed in Mr Farah's favour as the party not responsible for incurring the additional litigation.

Court Disposition

First defendant ordered to pay the plaintiff's costs of and incidental to the summons.

Orders

  • ["Order the first defendant to pay the plaintiff's costs of and incidental to the summons."]