Qasim v Bird (No 5)

In the case of Qasim v Bird, the parties were the plaintiff, Qasim, and the defendant, Bird. The dispute revolved around a notice of motion to dismiss the plaintiff's proceedings against the defendant. The matter was heard in the Supreme Court of New South Wales. The plaintiff sought an order for the defendant to pay the plaintiff's costs of the motion. The defendant successfully opposed the motion to dismiss the proceedings.

The legal issues before the court were whether the plaintiff was entitled to an order for the defendant to pay the plaintiff's costs of the motion, and whether the case involved a question of principle. The court considered the relevant provisions of the Civil Procedure Act 2005 (NSW) and previous cases on the issue of costs in successful defences of motions to dismiss. The court also considered whether the case involved a question of principle that would warrant the award of costs against the defendant.

The court found that the plaintiff was not entitled to an order for the defendant to pay the plaintiff's costs of the motion. The court held that the case did not involve a question of principle, and that the plaintiff's proceedings were not vexatious or frivolous. The court noted that the defendant had succeeded in opposing the motion to dismiss the proceedings, and that the plaintiff's claim had not been entirely without merit. The court held that the plaintiff's costs of the motion should be paid by the plaintiff, and that there was no basis for awarding costs against the defendant. The court made no order for the plaintiff's costs of the motion.