Polley v Johnson and anor (No 2) [2014] NSWSC 1301

Polley v Johnson and anor (No 2) [2014] NSWSC 1301

Costs should follow the event, and a separate costs order is appropriate for the Commissioner of Police's claim for public interest immunity, but a single order should cover the proceedings and the notice of motion for the first defendant.

Jurisdiction
Australia
Judgment Date
23 September 2014
Procedural Posture
Civil / Costs Judgment Following Dismissal of Proceedings
Outcome
Plaintiff to pay the Commissioner of Police's costs of and incidental to the public interest immunity claim; Plaintiff to pay the first defendant's costs of the proceedings, including the notice of motion.
Legal Topics
['costs' 'public Interest Immunity' 'interlocutory Applications']
['civil Procedure'] ['costs' 'public Interest Immunity' 'interlocutory Applications']

Case Brief

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Procedural Posture

Civil / Costs Judgment Following Dismissal of Proceedings

Legal Issues

  1. 1 ['Whether costs should follow the event' 'Whether a costs order reflecting interlocutory outcome should be made separately from costs of proceedings as a whole']

Ratio Decidendi

Costs should follow the event, and a separate costs order is appropriate for the Commissioner of Police's claim for public interest immunity, but a single order should cover the proceedings and the notice of motion for the first defendant.

Court Disposition

Plaintiff to pay the Commissioner of Police's costs of and incidental to the public interest immunity claim; Plaintiff to pay the first defendant's costs of the proceedings, including the notice of motion.

Orders

  • ['The plaintiff is to pay to the Commissioner of Police for NSW, the costs of and incidental to the claim for public interest immunity made in the proceedings on 13 March 2014, as agreed or assessed.' "The plaintiff is to pay the first defendant's costs of the proceedings, as agreed or assessed, such costs to...