Naboulsi v Khalil (No 2)

The appeal was brought by the defendant in the Local Court, Khalil, against a judgment entered in favour of the plaintiff, Naboulsi, in the Local Court of New South Wales. The dispute involved a claim by Naboulsi for a sum of money owed by Khalil. After the Local Court ruled in favour of Naboulsi, Khalil appealed the decision to the District Court. The appeal was heard by the District Court of New South Wales.

The legal issues before the District Court were whether the defendant, Khalil, was entitled to a gross sum costs order in the appeal and, if so, in what amount. The court considered the plaintiff's status as unrepresented, the fact that the plaintiff had not paid the judgment sum, and the relatively small amounts involved in the case. The court also had to determine whether the amounts involved justified a costs assessment.

The District Court found that the plaintiff was unrepresented and had not paid the judgment sum, which were relevant factors in considering a costs order. The court also noted that the amounts involved in the case were relatively small. The court held that these factors justified a gross sum costs order rather than a costs assessment. The court determined that the appropriate amount for the gross sum costs order was $5,000.

The District Court allowed the appeal and ordered that the defendant, Khalil, recover $5,000 in costs from the plaintiff, Naboulsi. The court's decision was based on the considerations of the plaintiff's representation, the payment of the judgment sum, and the amounts involved in the case. The court's ruling was final, and no further appeals were possible.