Joukhador v State of New South Wales

The case of Joukhador v State of New South Wales involved a dispute where the plaintiff, Mr Joukhador, sought an order for costs related to notices of motion filed during the proceedings. The matter was heard in the Supreme Court of New South Wales. The plaintiff argued that the defendant, the State of New South Wales, should bear the costs incurred from the notices of motion due to the defendant's conduct during the litigation. The defendant, in turn, contended that the plaintiff should not be entitled to these costs and that each party should bear their own expenses.

The court had to determine whether the plaintiff was entitled to an order for the costs of the notices of motion and, if so, which party should bear the costs. The legal issues centred on the principles governing costs in litigation, specifically focusing on the appropriateness of awarding costs for notices of motion and the circumstances under which such costs may be shifted to the opposing party. The court considered the conduct of both parties and the fairness of allocating costs in light of the overall outcome of the litigation.

The Supreme Court found that neither party was entitled to an order for the costs of the notices of motion. The court reasoned that the plaintiff had not demonstrated any exceptional circumstances warranting a departure from the usual rule that each party bears their own costs. The court emphasised that the allocation of costs in litigation is generally a matter of equity, and in this case, it was fair for each party to bear their own costs. Consequently, the plaintiff's application for costs was dismissed, and the court made no order for the costs of the notices of motion. Both parties were directed to bear their own costs.