Sergio Andres Chocron v Mina Onkoud (No 2) [2020] NSWSC 214

Sergio Andres Chocron v Mina Onkoud (No 2) [2020] NSWSC 214

The application was refused because, although Fabian Chocron had an interest in Sergio Chocron succeeding and findings in the principal judgment supported concerns about fabricated emails and collusion, the Court was not satisfied that the interests of justice required a non-party costs order. The Court was not satisfied that Sergio Chocron was a person of straw, that Fabian rather than Sergio was necessarily the moving party, that Fabian funded the litigation, that the proceedings themselves were unreasonable and improper, or that Fabian's interest was equal to or greater than Sergio's. Sergio Chocron stood to gain $145,762.55 if successful, had assets in Argentina, and Ms Onkoud had...

Jurisdiction
Australia
Judgment Date
10 March 2020
Procedural Posture
Costs Application to Vary Costs Order and Seek Non Party Costs Order / After Principal Judgment and Costs Order Made on 23 December 2019
Outcome
Application refused.
Legal Topics
['application to Vary Costs Order' 'non Party Costs Order' 'third Party Costs' 'costs Follow the Event' 'interests of Justice' 'person of Straw' 'enforcement of a Mortgage']
['costs' 'civil Procedure'] ['application to Vary Costs Order' 'non Party Costs Order' 'third Party Costs' 'costs Follow the Event' 'interests of Justice' 'person of Straw' 'enforcement of a Mortgage']

Case Brief

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Procedural Posture

Costs Application to Vary Costs Order and Seek Non Party Costs Order / After Principal Judgment and Costs Order Made on 23 December 2019

Legal Issues

  1. 1 ['Whether the costs order made on 23 December 2019 should be varied to make Fabian Chocron jointly and severally liable for costs as a non-party.' 'Whether Fabian Chocron played an active part in the litigation and had an interest in its outcome.' 'Whether Sergio Chocron was insolvent or a person of straw, or otherwise unable to satisfy the costs order, so as to support a non-party costs order.' 'Whether the interests of justice required a non-party costs order.']

Ratio Decidendi

The application was refused because, although Fabian Chocron had an interest in Sergio Chocron succeeding and findings in the principal judgment supported concerns about fabricated emails and collusion, the Court was not satisfied that the interests of justice required a non-party costs order. The Court was not satisfied that Sergio Chocron was a person of straw, that Fabian rather than Sergio was necessarily the moving party, that Fabian funded the litigation, that the proceedings themselves were unreasonable and improper, or that Fabian's interest was equal to or greater than Sergio's. Sergio Chocron stood to gain $145,762.55 if successful, had assets in Argentina, and Ms Onkoud had...

Court Disposition

Application refused.

Orders

  • ['The application to vary costs order, Order 3, made on 23 December 2019 is refused.' 'Each party is to pay their costs of this application.']