Nouf El Hajjar bht NSW Trustee and Guardian v Georgoulopoulos (No. 2)

The matter before the Court was between Nouf El Hajjar, represented by NSW Trustee and Guardian, and Georgoulopoulos. The plaintiff, seeking costs under the Motor Accidents Compensation Act 1999, alleged procedural breaches by the defendant that warranted a reimbursement of costs. The Court was tasked with determining whether the plaintiff's application for costs was justified and, if so, the appropriate quantum. Additionally, the Court had to assess whether the plaintiff's Notice of Motion filed on 23 November 2017 was appropriately dismissed.

The Court identified the central legal issue as whether the plaintiff's claim for costs was substantiated by the defendant's procedural missteps. This involved a review of the Motor Accidents Compensation Act 1999 and the principles governing costs orders in civil litigation. The Court also had to consider the implications of previous costs orders made by other judges and whether these should influence the current decision.

The Court found that the plaintiff's claim for costs was not entirely without merit, but the procedural irregularities did not justify the full reimbursement sought. The Court vacated the previous order that the defendant pay the plaintiff's costs of the Amended Notice of Motion, but ordered a partial reimbursement. The Court also dismissed the plaintiff's subsequent Notice of Motion, ordering the plaintiff to pay the defendant's costs for this motion. The Court upheld existing costs orders, noting that they remained valid.

The Court's final orders included vacating a previous costs order and substituting it with a partial reimbursement, dismissing the plaintiff's latest Notice of Motion, and ordering the plaintiff to pay the defendant's costs for this motion. The Court also noted that other existing costs orders remained in effect.