Jazairy v Malouf t/as Gerard Malouf and Partners

The appeal in Jazairy v Malouf t/as Gerard Malouf and Partners was brought before the Supreme Court of New South Wales, Court of Appeal, concerning a dispute over costs between the parties. The appellant, Jazairy, sought an appeal against the decision of a costs review panel that had been made pursuant to section 208D of the Local Courts Act 1993 (NSW). The appellant argued that the costs awarded by the panel were unjust, and that the panel had failed to properly consider the principles governing the award of costs. The respondent, Malouf, defended the panel's decision, contending that it had been correctly made in accordance with the law and the evidence before it.

The court was required to determine whether the costs review panel's decision was indeed unjust within the meaning of section 208D of the Local Courts Act 1993 (NSW). The key issue was whether the panel had exercised its discretion in a manner that was unreasonable or had failed to properly consider the relevant principles and evidence. The court also had to assess whether the panel had taken into account all relevant factors in making its decision and whether it had provided adequate reasons for its conclusion.

In delivering the judgment, the Court of Appeal found that the costs review panel had erred in its exercise of discretion. The panel had failed to properly consider the principles governing the award of costs, and had not provided adequate reasons for its decision. The court held that the decision of the panel was unjust, and that it ought to be set aside. The appeal was therefore allowed, and the matter was remitted to a different costs review panel for reconsideration in light of the court's findings. The court emphasised the importance of ensuring that costs review panels properly exercise their discretion and provide adequate reasons for their decisions.

The final orders of the court included the setting aside of the costs review panel's decision and the remittal of the matter to a different costs review panel for reconsideration. The court also ordered that the appellant was to be entitled to costs of the appeal on an indemnity basis. This decision highlights the importance of ensuring that costs review panels properly exercise their discretion and provide adequate reasons for their decisions, and the consequences for parties when this does not occur.