Mark Khoury v Nira Kooij

The matter before the court was an application by Mark Khoury, self-represented, against Nira Kooij, both joint executors of the estate of a deceased. The ongoing dispute centred around the validity of the deceased's will, leading to various legal proceedings. Khoury's application sought relief based on an alleged entitlement to full itemised disclosure of all legal costs and disbursements incurred or anticipated to be claimed against the estate, a claim unsupported by legal authority. Additionally, Khoury sought an extension of time to comply with previous costs orders, which he had disobeyed.

The legal issues before the court were whether the time for compliance with the costs orders should be extended and whether the application itself should be dismissed. The court considered Khoury's repeated disobedience of previous costs orders and his unsupported assertion regarding full itemised disclosure. Furthermore, the court took into account the use of artificial intelligence by Khoury, which led to hallucinations and false citations in his submissions.

The court held that the application should be dismissed. It reasoned that Khoury's assertions were not supported by authority and his use of artificial intelligence had resulted in significant inaccuracies in his submissions. The court also noted Khoury's previous disobedience of costs orders, deeming it an abuse of process. The court ordered that Khoury must reimburse Kooij from the deceased's account, pay the mediator's fee, and cover the costs incurred before the mediation. Finally, the court reserved the right to hear further submissions on costs.