Hamod v New South Wales

Link copied
Case Copied 6 min read
CITATION: Hamod & Anor v State of NSW & Anor [2007] NSWSC 707
HEARING DATE(S): 13 June 2007
 
JUDGMENT DATE : 

6 July 2007
JURISDICTION: Common Law
JUDGMENT OF: Simpson J
DECISION: Costs be assessed and payable forthwith
CATCHWORDS: COSTS - interlocutory application - application that costs be payable forthwith - discretion - circumstances - relevant factors
LEGISLATION CITED: Uniform Civil Procedure Rules 2005
CASES CITED: Fiduciary Ltd v Morningstar Research Pty Ltd [2002] NSWSC 432; 55 NSWLR 1
PARTIES: Anthony Hamod (First Plaintiff)
Hamock Investments Pty Ltd (Second Plaintiff)
State of NSW (First Defendant)
UBS Australia Ltd (Second Defendant)
FILE NUMBER(S): SC 20147 of 2003
COUNSEL: R McKeand SC (Plaintiffs)
M Hutchings (First Defendant)
N/A (Second Defendant)
SOLICITORS: Simon Diab & Associates (Plaintiffs)
I V Knight Crown Solicitor (First Defendant)
Allens Arthur Robinson (Second Defendant)

      IN THE SUPREME COURT
      OF NEW SOUTH WALES
      COMMON LAW DIVISION

      Simpson J

      6 July 2007

      20147/03 Anthony Hamod & Anor v State of NSW & Anor

      JUDGMENT

1 HER HONOUR: On 13 June 2007 I delivered judgment (Hamod & Anor v State of NSW [2007] NSWSC 600) with respect to an appeal by the first defendant against an order made by Harrison AssJ that it give discovery of documents identified by reference to a list.

2 I dismissed the appeal (confirming the order for discovery made by Harrison AssJ) and ordered that the first defendant pay the plaintiffs’ costs. On delivery of the judgment senior counsel who appeared for the plaintiffs sought an order that costs be ordered to be payable forthwith. The statutory authority for taking such a course is to be found in UCPR 42.7, which is in the following terms:

          “ 42.7 Interlocutory applications and reserved costs
          (1) Unless the court orders otherwise, the costs of any application or other step in any proceedings, including:
              (a) costs that are reserved, and
              (b) costs in respect of any such application or step in respect of which no order as to costs is made,
              are to be paid and otherwise dealt with in the same way as the general costs of the proceedings.
          (2) Unless the court orders otherwise, costs referred to in subrule (1) do not become payable until the conclusion of the proceedings.”

3 As will be seen from sub-r (2), prima facie an order for costs made with respect to an interlocutory application do not become payable until the substantive proceedings are concluded. This, however, is subject to the discretion of the court otherwise to order.

4 The predecessor to r 42.7 was Pt 52A, r 9 of the Supreme Court Rules 1970. Although framed in different terms, the effect of sub-r (1) of that rule was similar to that of r 42.7(2) – that is, the prima facie position is that costs of interlocutory skirmishes are not to be paid or payable until the conclusion of the proceedings. That, too, was subject to a discretion to order otherwise. Circumstances in which it is appropriate…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Hamod v New South Wales and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2007] NSWSC 707
Decision Date

CaseChat Overview and Summary

The case of Hamod v New South Wales was heard in the Supreme Court of New South Wales. The primary issue in dispute was the payment of costs at an interlocutory stage, where the plaintiff sought an order for immediate payment of costs. The defendant, New South Wales, opposed this application on the grounds that such an order was inappropriate in the circumstances of the case. The court was required to assess the appropriateness of the plaintiff's application for immediate costs and to exercise its discretion in light of the relevant factors and circumstances of the case.

In determining the appropriate course of action, the court considered the various factors that influence the decision on costs, including the nature and extent of the proceedings, the stage of the litigation, and the conduct of the parties. The court also took into account the principles of fairness and justice, as well as the potential impact of the costs order on the parties and the administration of justice. After careful consideration of these factors, the court found that an order for immediate payment of costs was not warranted in the circumstances of this case.

The court held that while the plaintiff had a right to seek costs, the exercise of discretion by the court was crucial in ensuring that the costs order was just and proportionate. The court emphasised the importance of considering all relevant factors and circumstances when making such a decision. The application for costs to be payable forthwith was dismissed, and the plaintiff was ordered to pay the defendant's costs of the application.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.