McLachlan v Browne (No 6) [2018] NSWSC 1951

McLachlan v Browne (No 6) [2018] NSWSC 1951

The Commissioner’s late abandonment of the application, and the circumstances detailed (including confidential evidence), meant the plaintiff should not have to bear the costs of responding to the application. The costs order is appropriate as the plaintiff could have been spared these costs had the matter been handled differently.

Parties
Plaintiff: Craig McLachlan; First Defendant: Christie Whelan Browne; Second Defendant (2018/34244): Fairfax Media Publications Pty Ltd; Second Defendant (2018/34257): Australian Broadcasting Corporation; Interested Party: Chief Commissioner of Police, Victoria Police
Jurisdiction
Australia
Judgment Date
16 November 2018
Procedural Posture
Costs Application / Costs Order Following Late Abandonment of Application
Outcome
Commissioner ordered to pay the plaintiff’s costs of the application relating to the public interest immunity claim.
Legal Topics
Costs, Public Interest Immunity, Access to Documents
Civil Procedure Costs Public Interest Immunity Access to Documents

Case Brief

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Parties

Craig McLachlan

Plaintiff

Christie Whelan Browne

First Defendant

Fairfax Media Publications Pty Ltd

Second Defendant (2018/34244)

Australian Broadcasting Corporation

Second Defendant (2018/34257)

Chief Commissioner of Police, Victoria Police

Interested Party

Procedural Posture

Costs Application / Costs Order Following Late Abandonment of Application

Legal Issues

  1. 1 Whether the Chief Commissioner should pay the plaintiff’s costs after abandoning an application for public interest immunity at a late stage

Ratio Decidendi

The Commissioner’s late abandonment of the application, and the circumstances detailed (including confidential evidence), meant the plaintiff should not have to bear the costs of responding to the application. The costs order is appropriate as the plaintiff could have been spared these costs had the matter been handled differently.

Court Disposition

Commissioner ordered to pay the plaintiff’s costs of the application relating to the public interest immunity claim.

Orders

  • The Commissioner is to pay the plaintiff’s costs of the application relating to the public interest immunity claim.