Grahame Anthony Chevalley and Hilton Ross Grugeon v Inspector Rodney Morrison [2012] NSWIRComm 57
Given the close relationship between the current proceedings (IRC 362 and 383 of 2012) and the substantive proceedings (IRC 956 and 957 of 2007), and that issues may be appealed after final determination, the appropriate order is that costs in IRC 362 and 383 of 2012 be costs in the cause in IRC 956 and 957 of 2007.
- Parties
- Applicant Defendant: Grahame Anthony Chevalley; Applicant Defendant: Hilton Ross Grugeon; Respondent Prosecutor: Inspector Rodney Morrison
- Jurisdiction
- Australia
- Judgment Date
- 27 June 2012
- Procedural Posture
- Application for Declaratory Relief (and Appeal) / Determination of Costs After Dismissal of Application and Variation of Orders
- Outcome
- Costs in Matter Numbers IRC 362 and 383 of 2012 shall be costs in the cause in Matter Numbers IRC 956 and 957 of 2007.
- Legal Topics
- Costs, Declaratory Relief, Appeal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Grahame Anthony Chevalley
Applicant Defendant
Hilton Ross Grugeon
Applicant Defendant
Inspector Rodney Morrison
Respondent Prosecutor
Procedural Posture
Application for Declaratory Relief (and Appeal) / Determination of Costs After Dismissal of Application and Variation of Orders
Legal Issues
- 1 Appropriate costs order following dismissal of application for declaratory relief and subsequent variation of orders
Ratio Decidendi
Given the close relationship between the current proceedings (IRC 362 and 383 of 2012) and the substantive proceedings (IRC 956 and 957 of 2007), and that issues may be appealed after final determination, the appropriate order is that costs in IRC 362 and 383 of 2012 be costs in the cause in IRC 956 and 957 of 2007.
Court Disposition
Costs in Matter Numbers IRC 362 and 383 of 2012 shall be costs in the cause in Matter Numbers IRC 956 and 957 of 2007.
Orders
- Costs in Matter Numbers IRC 362 and 383 of 2012 shall be costs in the cause in Matter Numbers IRC 956 and 957 of 2007.
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