Rahman v Al-Maharmeh (No 2)

Court of Appeal

Supreme Court

New South Wales

• Summary available

Medium Neutral Citation:

Rahman v Al-Maharmeh (No 2) [2021] NSWCA 151

Hearing dates:

On the papers

Date of orders:

21 July 2021

Decision date:

21 July 2021

Before:

Meagher JA at [1];
Leeming JA at [2];
Brereton JA at [3].

Decision:

(1) As between the appellant and the respondent, make no order as to costs of the proceedings in the District Court on the appellant’s motion filed 3 October 2019 and the respondent’s motion filed 28 August 2019, or of the proceedings in this Court, to the intent that each party bear its own costs; and

(2) Pursuant to (NSW) Civil Procedure Act 2005, s 99, order that all costs and disbursements (including counsel’s fees) of the proceedings referred to in order (1) be disallowed as between Prominent Lawyers and the appellant, to the intent that the disbursements (including counsel’s fees) are to be borne by Prominent Lawyers.

Catchwords:

COSTS – Party/Party – Appeals – Appeal against refusal of leave to commence proceedings out of time – Delay attributable to appellant’s solicitors – Unsatisfactory explanation for delay – Respondent opposed application and led court below into error – Costs not sought by respondent against appellant – No order as to costs between parties

COSTS – Appeals – Orders against non-parties – Personal costs orders against lawyers – As between respondent and appellant’s solicitors – Solicitors acted negligently – Respondent increased costs considerably by opposing application – Orders not made

COSTS – Appeals – Orders against non-parties – Personal costs orders against lawyers – As between appellant and appellant’s solicitors – Costs incurred without reasonable cause – Relevance of undertaking by solicitors to not seek costs against appellant – Orders made

Legislation Cited:

(NSW) Civil Procedure Act 2005, ss 98, 99

(NSW) Motor Accidents Compensation Act 1999, s 109

Cases Cited:

Felicity, Re; FM v Secretary, Department of Family and Community Services (No 4) [2015] NSWCA 19

Kelly v Jowett (2009) 76 NSWLR 405; [2009] NSWCA 278

Lemoto v Able Technical Pty Ltd (2005) 63 NSWLR 300;[2005] NSWCA 153

Rahman v Al-Maharmeh (2021) 95 MVR 394; [2021] NSWCA 31

Ridehalgh v Horsefield [1994] Ch 205; 3 All ER 848

Category:

Costs

Parties:

Samar Abdul Rahman (Appellant)
Sarah Al-Maharmeh (Respondent)

Representation:

Counsel:
J Morris SC, G Schipp (Appellant)
J Turnbull SC (Respondent)
L Williams, solicitor (Prominent Lawyers)

Solicitors:
Prominent Lawyers (Appellant)
Moray & Agnew (Respondent)
K&L Gates (Prominent Lawyers)

File Number(s):

2020/147838

Publication restriction:

Nil

 Decision under appeal 

Court or tribunal:

District Court of New South Wales

Jurisdiction:

Civil

Citation:

[2020] NSWDC 129

Date of Decision:

20 April 2020

Before:

Wilson SC DCJ

File Number(s):

2019/190375

HEADNOTE

[This headnote is not to be read as part of the judgment]

On 15 March 2021, the Court granted leave to appeal and allowed an appeal by the appellant from a refusal of her application for leave to commence proceedings after the expiration of the limitation period fixed by Motor…