Storey v Commissioner of the New South Wales Police Force (No 3) [2021] NSWSC 1101

Storey v Commissioner of the New South Wales Police Force (No 3) [2021] NSWSC 1101

The Court was satisfied on the evidence that making gross sum costs orders was fair and appropriate, given the detailed breakdown of work and reasonable discount applied, and that costs assessment would be disproportionate; also, that a time-limited suppression order regarding solicitors' hourly rates was warranted due to ongoing commercial sensitivity and the need for the court to receive confidential material for proper administration of justice.

Parties
Plaintiff: Justin Storey; First Defendant: Commissioner of the New South Wales Police Force; Second Defendant: Industrial Relations Commission of New South Wales
Jurisdiction
Australia
Judgment Date
31 August 2021
Procedural Posture
Judicial Review and Costs Application / Determination of Gross Sum Costs Orders and Suppression Order Following Judgment
Outcome
Gross sum costs orders granted in specified amounts against plaintiff; suppression order granted regarding solicitors' hourly rates until 21 June 2022 or further order.
Legal Topics
Gross Sum Costs Orders, Suppression and Non Publication Orders, Assessment of Costs, Judicial Review, Party/party Costs
Costs Civil Procedure Gross Sum Costs Orders Suppression and Non Publication Orders Assessment of Costs Judicial Review Party/party Costs

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 3 Authorities cited 17 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Justin Storey

Plaintiff

Commissioner of the New South Wales Police Force

First Defendant

Industrial Relations Commission of New South Wales

Second Defendant

Procedural Posture

Judicial Review and Costs Application / Determination of Gross Sum Costs Orders and Suppression Order Following Judgment

Legal Issues

  1. 1 Whether gross sum costs orders should be made instead of assessment of costs
  2. 2 Whether suppression order should be made in respect of solicitors' hourly rates

Ratio Decidendi

The Court was satisfied on the evidence that making gross sum costs orders was fair and appropriate, given the detailed breakdown of work and reasonable discount applied, and that costs assessment would be disproportionate; also, that a time-limited suppression order regarding solicitors' hourly rates was warranted due to ongoing commercial sensitivity and the need for the court to receive confidential material for proper administration of justice.

Court Disposition

Gross sum costs orders granted in specified amounts against plaintiff; suppression order granted regarding solicitors' hourly rates until 21 June 2022 or further order.

Orders

  • Plaintiff to pay $10,776.00 in respect of costs ordered by Davies J on 27 August 2020.
  • Plaintiff to pay $45,665.00 in respect of costs ordered by Wright J on 16 October 2020.