Saleh v Romanous & Ors [2011] HCATrans 101

Saleh was the applicant and Romanous & Ors were the respondents in proceedings before the High Court of Australia. The dispute concerned an appeal from a decision of the Supreme Court of New South Wales.

The High Court was required to determine whether the Supreme Court had erred in its interpretation and application of the *Civil Procedure Act 2005* (NSW), specifically in relation to the exercise of its discretion under section 98 of that Act. The core issue revolved around the award of costs against the applicant, Mr Saleh, personally.

Gummow and Crennan JJ found that the Supreme Court had not erred in its exercise of discretion. Their Honours noted that the applicant had pursued a course of conduct that was vexatious and without merit, and that the Supreme Court had been entitled to conclude that it was just and appropriate to order the applicant to pay the respondents' costs personally. The principles applied concerned the proper exercise of judicial discretion in awarding costs, particularly where a party's conduct warranted such an order.

The High Court dismissed the appeal.