Crewdson v Director General, NSW Department of Ageing, Disability and Home Care - Department of Community Services (No 3) [2007] NSWIRComm 38
Given the history of the proceedings, the way jurisdiction was raised by the respondents, and the circumstances under which Mr Crewdson's serious allegations were not heard, the interests of justice required each side to bear its own costs, departing from the usual order.
- Jurisdiction
- Australia
- Judgment Date
- 20 March 2007
- Procedural Posture
- Contempt Application (costs Decision) / Costs Determination After Judgment on Jurisdiction
- Outcome
- Each side to bear its own costs; respondents’ application for costs refused.
- Legal Topics
- ['costs in Proceedings' 'departure From Usual Costs Order' 'jurisdiction']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Contempt Application (costs Decision) / Costs Determination After Judgment on Jurisdiction
Legal Issues
- 1 ['Whether the respondents are entitled to a costs order after their success on a jurisdictional point' 'Whether the conduct of the respondents justified a departure from the usual order as to costs']
Ratio Decidendi
Given the history of the proceedings, the way jurisdiction was raised by the respondents, and the circumstances under which Mr Crewdson's serious allegations were not heard, the interests of justice required each side to bear its own costs, departing from the usual order.
Court Disposition
Each side to bear its own costs; respondents’ application for costs refused.
Orders
- ['The costs order sought by the respondents is refused.']
Full Case Text
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