Gillies v State of New South Wales & Ors (No 2) [2022] NSWSC 968

There was no reason to depart from the usual rule that costs should follow the event; because the defendants had succeeded in the proceedings, they were entitled to their costs.

Jurisdiction: Australia
Judgment Date: 19 July 2022
Procedural Posture: Costs / Written Submissions Following Dismissal of the Proceedings
Outcome: The plaintiff was ordered to pay the defendants' costs of the proceedings, as agreed or assessed.
Legal Topics: ['whether Costs Should Follow the Event' 'costs Discretion' 'no Point of Principle']

['civil Procedure' 'costs'] ['whether Costs Should Follow the Event' 'costs Discretion' 'no Point of Principle']

Case Brief

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Procedural Posture

Costs / Written Submissions Following Dismissal of the Proceedings

Legal Issues

1 ["Whether the plaintiff should pay the defendants' costs after the proceedings were dismissed" 'Whether there was any reason to depart from the usual rule that costs follow the event']

Ratio Decidendi

There was no reason to depart from the usual rule that costs should follow the event; because the defendants had succeeded in the proceedings, they were entitled to their costs.

Court Disposition

The plaintiff was ordered to pay the defendants' costs of the proceedings, as agreed or assessed.

Orders

["The plaintiff is to pay the defendants' costs of the proceedings, as agreed or assessed."]