Smith v New South Wales Crime Commission (No 3) [2024] NSWSC 1610

Smith v New South Wales Crime Commission (No 3) [2024] NSWSC 1610

There was no justification for departing from the usual order that costs follow the event; the fourth defendant was ordered to pay the plaintiffs' costs of the motion, as the circumstances did not warrant an indemnity costs order or the proposal that each party bear their own costs.

Parties
First Plaintiff: John Smith (a pseudonym); Second Plaintiff: Jane Smith (a pseudonym); First Defendant: New South Wales Crimes Commission; Second Defendant: Director of Public Prosecutions; Third Defendant: State of New South Wales; Fourth Defendant: Jane Doe
Jurisdiction
Australia
Judgment Date
13 December 2024
Procedural Posture
Motion for Costs / Post Judgment; Costs Determination
Outcome
The fourth defendant is to bear the plaintiffs' costs of their motion, as agreed or assessed.
Legal Topics
Costs, Costs—indemnity Costs, Costs—party/party Costs, Costs Discretion, Costs—motion
Civil Procedure Costs Costs—indemnity Costs Costs—party/party Costs Costs Discretion Costs—motion

Case Brief

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Parties

John Smith (a pseudonym)

First Plaintiff

Jane Smith (a pseudonym)

Second Plaintiff

New South Wales Crimes Commission

First Defendant

Director of Public Prosecutions

Second Defendant

State of New South Wales

Third Defendant

Jane Doe

Fourth Defendant

Procedural Posture

Motion for Costs / Post Judgment; Costs Determination

Legal Issues

  1. 1 Whether the circumstances justified departure from the usual order for costs that costs follow the event
  2. 2 Whether indemnity costs should be ordered against the fourth defendant
  3. 3 Whether each party should bear their own costs

Ratio Decidendi

There was no justification for departing from the usual order that costs follow the event; the fourth defendant was ordered to pay the plaintiffs' costs of the motion, as the circumstances did not warrant an indemnity costs order or the proposal that each party bear their own costs.

Court Disposition

The fourth defendant is to bear the plaintiffs' costs of their motion, as agreed or assessed.

Orders

  • The fourth defendant bear the plaintiffs' costs of their motion, as agreed or assessed.