BRJ v Council of the NSW Bar Association (No 2) [2016] NSWSC 228

BRJ v Council of the NSW Bar Association (No 2) [2016] NSWSC 228

There is no reason to depart from the ordinary rule that costs follow the event; Bar Council is entitled to its costs in this Court, and no error exists in the Tribunal's costs order requiring the plaintiff to pay the Bar Council's costs, as no exceptional circumstances or jurisdictional error were established.

Jurisdiction
Australia
Judgment Date
11 March 2016
Procedural Posture
Appeal / Post Judgment Dispute on Costs
Outcome
Costs ordered in favour of the Bar Council; Tribunal's costs order undisturbed.
Legal Topics
['costs' 'professional Discipline' 'mental Illness Relevance' 'model Litigant Obligations']
['civil Procedure' 'legal Profession'] ['costs' 'professional Discipline' 'mental Illness Relevance' 'model Litigant Obligations']

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Procedural Posture

Appeal / Post Judgment Dispute on Costs

Legal Issues

  1. 1 ['Whether the Bar Council should be awarded costs given alleged failure to cite relevant authorities in the Tribunal' "Whether the Tribunal's cost order should be disturbed based on claims of public interest, mental illness or financial hardship" 'Jurisdiction of Supreme Court to disturb Tribunal costs order']

Ratio Decidendi

There is no reason to depart from the ordinary rule that costs follow the event; Bar Council is entitled to its costs in this Court, and no error exists in the Tribunal's costs order requiring the plaintiff to pay the Bar Council's costs, as no exceptional circumstances or jurisdictional error were established.

Court Disposition

Costs ordered in favour of the Bar Council; Tribunal's costs order undisturbed.

Orders

  • ["Order the plaintiff to pay the Bar Council's costs of the proceedings in this Court." "Make no order disturbing the order made on 11 December 2015 by the Civil and Administrative Tribunal that the respondent (plaintiff) pay the applicant's (Bar Council's) costs of the proceedings as agreed or assessed."]