Andre Zammit v Dany Elias El-Khoury

The proceedings were between Andre Zammit and Dany Elias El-Khoury, neighbours who had engaged in a protracted dispute. The matter was before the court on an application for a costs order, following a resolution by consent orders that had been made without the parties being heard on the issue of costs. The fundamental question before the court was whether an order should be made regarding the costs incurred by the parties during the course of the litigation.

The court noted that the dispute between the parties had been unnecessarily complicated and prolonged. Despite the resolution by consent orders, the court was of the view that the circumstances warranted a detailed consideration of the costs. The court was required to balance the principle that the parties should bear their own costs against the conduct of the parties and the overall fairness of the outcome. After careful consideration, the court concluded that the making of a costs order was not appropriate. The court found that the nature of the dispute and the resolution by consent orders did not justify a costs order against either party.

Accordingly, the court made an order that there be no order as to costs. This decision reflects the court's assessment of the fairness and the conduct of the parties in the context of the overall dispute.