Ferguson v Singler (No 3) [2015] NSWSC 1154

Ferguson v Singler (No 3) [2015] NSWSC 1154

Because the plaintiff succeeded in a contested hearing seeking judicial review, and the successful ground was a hard-fought dispute not conceded by the first defendant, the ordinary rule that costs follow the event applies.

Jurisdiction
Australia
Judgment Date
14 August 2015
Procedural Posture
Judicial Review / Costs Determination After Judgment
Outcome
First defendant ordered to pay the plaintiff's costs, including the costs of the hearing of 11 August 2015.
Legal Topics
['costs' 'judicial Review' 'procedural Fairness']
['common Law'] ['costs' 'judicial Review' 'procedural Fairness']

Case Brief

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Procedural Posture

Judicial Review / Costs Determination After Judgment

Legal Issues

  1. 1 ['Whether costs should follow the event after judgment for the plaintiff' 'Whether the plaintiff should pay costs of the subsequent costs hearing']

Ratio Decidendi

Because the plaintiff succeeded in a contested hearing seeking judicial review, and the successful ground was a hard-fought dispute not conceded by the first defendant, the ordinary rule that costs follow the event applies.

Court Disposition

First defendant ordered to pay the plaintiff's costs, including the costs of the hearing of 11 August 2015.

Orders

  • ['The first defendant must pay the costs of the plaintiff of the proceedings before me, including the costs of the hearing of 11 August 2015.']