Levi v Australian Securities Investments Commission (No 2) [2013] NSWSC 932

Levi v Australian Securities Investments Commission (No 2) [2013] NSWSC 932

Costs should follow the event as the defendant ultimately prevailed; the split between jurisdiction and merits does not alter the outcome. The suppression order was not necessary for the administration of justice in this civil context, especially given the lack of demonstrated risk to a fair trial, and, therefore, should be vacated.

Jurisdiction
Australia
Judgment Date
16 July 2013
Procedural Posture
Civil / Consequential Orders Following Dismissal of Proceedings
Outcome
Proceedings dismissed; costs awarded to first defendant; suppression order vacated.
Legal Topics
['costs Following the Event' 'suppression/non Publication Orders' 'jurisdiction Over Commonwealth Officers' 'open Justice']
['practice and Procedure' 'administrative Law'] ['costs Following the Event' 'suppression/non Publication Orders' 'jurisdiction Over Commonwealth Officers' 'open Justice']

Case Brief

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Procedural Posture

Civil / Consequential Orders Following Dismissal of Proceedings

Legal Issues

  1. 1 ['Whether a different order for costs should be made given the outcome on jurisdiction and merits' 'Whether the suppression (non-publication) order should be vacated on jurisdictional or discretionary grounds' 'Scope of the Supreme Court’s jurisdiction to make suppression orders in proceedings involving Commonwealth officers']

Ratio Decidendi

Costs should follow the event as the defendant ultimately prevailed; the split between jurisdiction and merits does not alter the outcome. The suppression order was not necessary for the administration of justice in this civil context, especially given the lack of demonstrated risk to a fair trial, and, therefore, should be vacated.

Court Disposition

Proceedings dismissed; costs awarded to first defendant; suppression order vacated.

Orders

  • ['The non-publication order issued on 3 April 2013 be vacated.' "The plaintiff shall pay the first defendant's costs of and incidental to the proceedings, as agreed or assessed, including the proceedings relating to the non-publication order and costs." 'Proceedings dismissed.']