Hamzy v Commissioner of Corrective Services and the State of NSW (No.2) [2020] NSWSC 564

Hamzy v Commissioner of Corrective Services and the State of NSW (No.2) [2020] NSWSC 564

Because the plaintiff was unsuccessful in the judicial review proceedings and the RDA proceedings, and no reason was shown to depart from the ordinary rule that costs follow the event, the plaintiff was ordered to pay the defendants' costs of those proceedings. In the USB proceedings, despite unnecessary complexity and costs caused to the defendant, the matter was resolved by return of the seized USB drive to the plaintiff's representatives, so each party should bear its own costs. In the BMP proceedings, the plaintiff's contention that he would have succeeded but for legislative amendment was speculative, and most costs were referable to the other proceedings, so each party should bear...

Jurisdiction
Australia
Judgment Date
15 May 2020
Procedural Posture
Costs Determination in Four Proceedings Concerning Custodial Management, Racial Discrimination Act Communications Requirements, Return of a USB Drive, and a Behavioural Management Plan / Written Submissions After Two Proceedings Proceeded to Contested Hearing and Were Dismissed, and After the Other Proceedings Were Resolved or Not Pursued to Contested Hearing
Outcome
Costs orders made: plaintiff to pay the defendants' costs in proceedings 2016/276127 and 2016/276186; each party to pay its own costs in proceedings 2018/41479 and 2017/177196.
Legal Topics
['discretion to Award Costs' 'costs Follow the Event' 'custodial Management' 'racial Discrimination Act Communications Requirement' 'return of Seized USB Drive' 'behavioural Management Plan']
['costs' 'civil Procedure' 'corrective Services' 'anti Discrimination' 'constitutional Law'] ['discretion to Award Costs' 'costs Follow the Event' 'custodial Management' 'racial Discrimination Act Communications Requirement' 'return of Seized USB Drive' 'behavioural Management Plan']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Determination in Four Proceedings Concerning Custodial Management, Racial Discrimination Act Communications Requirements, Return of a USB Drive, and a Behavioural Management Plan / Written Submissions After Two Proceedings Proceeded to Contested Hearing and Were Dismissed, and After the Other Proceedings Were Resolved or Not Pursued to Contested Hearing

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendants' costs of the judicial review proceedings and the RDA proceedings after both proceedings were dismissed following a contested hearing" "What costs order should be made in the USB proceedings after the USB drive was returned to the plaintiff's representatives and the proceedings were dismissed" 'Whether the plaintiff should receive costs in the BMP proceedings on the basis that he would have succeeded but for the insertion of s 65A into the Crimes (Administration of Sentences) Act 1999 (NSW)']

Ratio Decidendi

Because the plaintiff was unsuccessful in the judicial review proceedings and the RDA proceedings, and no reason was shown to depart from the ordinary rule that costs follow the event, the plaintiff was ordered to pay the defendants' costs of those proceedings. In the USB proceedings, despite unnecessary complexity and costs caused to the defendant, the matter was resolved by return of the seized USB drive to the plaintiff's representatives, so each party should bear its own costs. In the BMP proceedings, the plaintiff's contention that he would have succeeded but for legislative amendment was speculative, and most costs were referable to the other proceedings, so each party should bear...

Court Disposition

Costs orders made: plaintiff to pay the defendants' costs in proceedings 2016/276127 and 2016/276186; each party to pay its own costs in proceedings 2018/41479 and 2017/177196.

Orders

  • ["In respect of proceedings 2016/276127, the plaintiff is to pay the defendants' costs as agreed or assessed." "In respect of proceedings 2016/276186, the plaintiff is to pay the defendants' costs as agreed or assessed." 'In respect of proceedings 2018/41479, each party is to pay its own costs.' 'In respect of...