AB v Constable Joshua Hedges (No 3) [2015] NSWSC 1319

AB v Constable Joshua Hedges (No 3) [2015] NSWSC 1319

Because the plaintiff was unsuccessful in the judicial review proceedings but successful in the contract proceedings, and the two related proceedings had both been conducted, costs should follow the event in each proceeding: the plaintiff must pay the 1st defendant's costs of the judicial review proceedings, and the 1st defendant must pay the plaintiff's costs of the contract proceedings, with the possibility of set off acknowledged.

Jurisdiction
Australia
Judgment Date
09 September 2015
Procedural Posture
Costs in Related Judicial Review and Contract Proceedings / Determination of Costs After Plaintiff Was Unsuccessful in Judicial Review Proceedings and Successful in Contract Proceedings
Outcome
Plaintiff to pay the 1st defendant's costs on the judicial review proceedings; 1st defendant to pay the plaintiff's costs of the contract proceedings.
Legal Topics
['costs' 'judicial Review' 'contract Proceedings' 'costs Follow the Event' 'interest on Costs']
['civil Procedure'] ['costs' 'judicial Review' 'contract Proceedings' 'costs Follow the Event' 'interest on Costs']

Case Brief

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Procedural Posture

Costs in Related Judicial Review and Contract Proceedings / Determination of Costs After Plaintiff Was Unsuccessful in Judicial Review Proceedings and Successful in Contract Proceedings

Legal Issues

  1. 1 ['Whether the plaintiff should receive the costs of the proceedings generally, covering both the judicial review proceedings and the contract proceedings.' 'Whether costs should follow the event separately in the judicial review proceedings and the contract proceedings.' 'Whether an application for interest on costs under s 101(4) of the Civil Procedure Act 2005 should be pursued after separate costs orders were made.']

Ratio Decidendi

Because the plaintiff was unsuccessful in the judicial review proceedings but successful in the contract proceedings, and the two related proceedings had both been conducted, costs should follow the event in each proceeding: the plaintiff must pay the 1st defendant's costs of the judicial review proceedings, and the 1st defendant must pay the plaintiff's costs of the contract proceedings, with the possibility of set off acknowledged.

Court Disposition

Plaintiff to pay the 1st defendant's costs on the judicial review proceedings; 1st defendant to pay the plaintiff's costs of the contract proceedings.

Orders

  • ["In the judicial review proceedings the plaintiff is to pay the 1st defendant's costs." "In the contract proceedings the 1st defendant is to pay the plaintiff's costs." 'If the plaintiff pursues the application for interest on costs under s 101(4) of the Civil Procedure Act 2005, the Court is prepared to consider...