Hamod v State of New South Wales (No 7) [2007] NSWSC 1395

Hamod v State of New South Wales (No 7) [2007] NSWSC 1395

Because there was no evidence of the likely cost of security, no specific security proposal, and no specific threat to the Platinum Certificate, and because Mr Hamod had previously transported it safely, the first plaintiff should make and bear the cost of his own security arrangements. The second defendant was successful in obtaining examination of the certificate, so there was no basis to displace a costs order in its favour, but assessment and recovery of such costs should await final costs orders when the proceedings are concluded.

Jurisdiction
Australia
Judgment Date
08 October 2007
Procedural Posture
Civil Procedure / Interlocutory Application for Access to Documents for Forensic Examination and Costs of Security Arrangements
Outcome
Orders made for delivery of the Platinum Certificate to Paul Westwood for non-invasive forensic examination, with the first plaintiff to bear his own security arrangements and liberty to apply.
Legal Topics
['interlocutory Application' 'access to Documents' 'forensic Examination' 'costs' 'security Arrangements']
['civil Procedure'] ['interlocutory Application' 'access to Documents' 'forensic Examination' 'costs' 'security Arrangements']

Case Brief

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Procedural Posture

Civil Procedure / Interlocutory Application for Access to Documents for Forensic Examination and Costs of Security Arrangements

Legal Issues

  1. 1 ['Whether the second defendant should have access to the Platinum Certificate for expert forensic examination on specified terms.' 'Whether the first plaintiff or the second defendant should bear the cost of security arrangements for transporting the Platinum Certificate.' 'Whether costs of the notice of motion filed on 12 July 2007 should be payable forthwith or await final costs orders.']

Ratio Decidendi

Because there was no evidence of the likely cost of security, no specific security proposal, and no specific threat to the Platinum Certificate, and because Mr Hamod had previously transported it safely, the first plaintiff should make and bear the cost of his own security arrangements. The second defendant was successful in obtaining examination of the certificate, so there was no basis to displace a costs order in its favour, but assessment and recovery of such costs should await final costs orders when the proceedings are concluded.

Court Disposition

Orders made for delivery of the Platinum Certificate to Paul Westwood for non-invasive forensic examination, with the first plaintiff to bear his own security arrangements and liberty to apply.

Orders

  • ['Order that, subject to order 5, the first plaintiff deliver to Paul Westwood on 22 October 2007, and on each of the three succeeding days, at the Manly premises of Forensic Document Services Pty Ltd the Platinum Certificate which is the subject of these proceedings.' 'Order that, subject to order 5, Paul Westwood...