Trevor-Jones v Harness Racing New South Wales (No 2) [2024] NSWSC 1017

Trevor-Jones v Harness Racing New South Wales (No 2) [2024] NSWSC 1017

In the absence of submissions or evidence by the plaintiffs as to why costs should not follow the event, and given the plaintiffs were entirely unsuccessful, the plaintiffs should pay the first defendant's costs of and incidental to the proceedings.

Parties
First Plaintiff: Peter Douglas Trevor-Jones; Second Plaintiff: Debbie Karen Wenning; Third Plaintiff: Rodney Paul Wenning; First Defendant: Harness Racing New South Wales; Second Defendant: Racing Appeals Tribunal
Jurisdiction
Australia
Judgment Date
15 August 2024
Procedural Posture
Costs Application / Post Judgment Orders on Costs
Outcome
Plaintiffs to pay the first defendant's costs.
Legal Topics
Costs Follow the Event, Order for Costs
Costs Costs Follow the Event Order for Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Douglas Trevor-Jones

First Plaintiff

Debbie Karen Wenning

Second Plaintiff

Rodney Paul Wenning

Third Plaintiff

Harness Racing New South Wales

First Defendant

Racing Appeals Tribunal

Second Defendant

Procedural Posture

Costs Application / Post Judgment Orders on Costs

Legal Issues

  1. 1 Whether costs should follow the event in the absence of submissions to the contrary

Ratio Decidendi

In the absence of submissions or evidence by the plaintiffs as to why costs should not follow the event, and given the plaintiffs were entirely unsuccessful, the plaintiffs should pay the first defendant's costs of and incidental to the proceedings.

Court Disposition

Plaintiffs to pay the first defendant's costs.

Orders

  • The plaintiffs are to pay the first defendant's costs of and incidental to the proceedings.