NSW Electoral Commission v Gallion [2017] NSWSC 277

NSW Electoral Commission v Gallion [2017] NSWSC 277

The Court found no basis for a costs order because neither party acted unreasonably, the orders resembled those sought by the plaintiff but were agreed as part of a settlement on a no-admissions basis, and there was no reservation of rights on costs; further, the Court would not determine hypothetical merits for the purpose of deciding costs.

Parties
Plaintiff: NSW Electoral Commission; Defendant: Benjamin Gallion
Jurisdiction
Australia
Judgment Date
17 March 2017
Procedural Posture
Equity / Application for Costs Following Settlement
Outcome
No order as to costs
Legal Topics
Costs, Settlement, Restraint of Use of Confidential Information
Civil Procedure Costs Settlement Restraint of Use of Confidential Information

Case Brief

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Parties

NSW Electoral Commission

Plaintiff

Benjamin Gallion

Defendant

Procedural Posture

Equity / Application for Costs Following Settlement

Legal Issues

  1. 1 Whether the plaintiff should have its costs after proceedings settled without agreement on costs
  2. 2 Whether defendant 'capitulated' or plaintiff was certain to succeed

Ratio Decidendi

The Court found no basis for a costs order because neither party acted unreasonably, the orders resembled those sought by the plaintiff but were agreed as part of a settlement on a no-admissions basis, and there was no reservation of rights on costs; further, the Court would not determine hypothetical merits for the purpose of deciding costs.

Court Disposition

No order as to costs

Orders

  • No order as to costs