Al Haje v Elassaad

The dispute in Al Haje v Elassaad was heard in the Supreme Court of New South Wales. The parties involved were Al Haje, the applicant, and Elassaad, the respondent. The central issue was whether the applicant, Al Haje, was entitled to costs on an indemnity basis in interlocutory proceedings, and if so, what the appropriate basis of quantification would be.

The court was tasked with determining whether it was appropriate to award costs on an indemnity basis and whether a specified gross sum was suitable for the quantification of these costs. The court considered the nature of the proceedings, the conduct of the parties, and the principles governing costs in interlocutory applications.

The court concluded that, given the circumstances of the case, it was appropriate to order costs on an indemnity basis. However, the court determined that a specified gross sum was a more suitable basis for quantifying these costs. The reasoning was grounded in the need to ensure a fair and reasonable outcome, taking into account the complexities of the proceedings and the conduct of the parties. The outcome was that the applicant was to be awarded costs on the specified gross sum basis, reflecting the court's assessment of fairness and proportionality.

The court's final order was that the applicant, Al Haje, was to be awarded costs on a specified gross sum basis, reflecting the court's determination that this was the most appropriate method of quantifying the costs in the circumstances of the case.