Webber v Racing New South Wales (No 2) [2019] NSWSC 627

Webber v Racing New South Wales (No 2) [2019] NSWSC 627

The defendants unreasonably subjected the plaintiff to the costs of the proceedings from at least the time of the hearing before Latham J by failing to make an obvious concession regarding jurisdictional error sooner. This justified an order that the defendants pay the plaintiff's costs, with indemnity costs from 30 June 2017, and for the previous costs order against the plaintiff to be vacated.

Jurisdiction
Australia
Judgment Date
28 May 2019
Procedural Posture
Application for Costs (post Judgment) / Costs Hearing Following Final Judgment
Outcome
The defendants are to pay the plaintiff's costs of the proceedings; after 30 June 2017 those costs be assessed on the indemnity basis; the costs order made by Latham J on 30 June 2017 is vacated.
Legal Topics
['costs' 'indemnity Costs' 'procedural Fairness' 'judicial Review']
['administrative Law' 'civil Procedure'] ['costs' 'indemnity Costs' 'procedural Fairness' 'judicial Review']

Case Brief

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Procedural Posture

Application for Costs (post Judgment) / Costs Hearing Following Final Judgment

Legal Issues

  1. 1 ["Whether the defendants should pay the plaintiff's costs on an indemnity basis" 'Whether the costs order made by Latham J on 30 June 2017 should be vacated']

Ratio Decidendi

The defendants unreasonably subjected the plaintiff to the costs of the proceedings from at least the time of the hearing before Latham J by failing to make an obvious concession regarding jurisdictional error sooner. This justified an order that the defendants pay the plaintiff's costs, with indemnity costs from 30 June 2017, and for the previous costs order against the plaintiff to be vacated.

Court Disposition

The defendants are to pay the plaintiff's costs of the proceedings; after 30 June 2017 those costs be assessed on the indemnity basis; the costs order made by Latham J on 30 June 2017 is vacated.

Orders

  • ["The defendants are to pay the plaintiff's costs of the proceedings." 'After 30 June 2017, those costs are to be assessed on the indemnity basis.' 'The costs order made by Latham J on 30 June 2017 is vacated.' 'The costs payable by the defendants include the costs of the hearing of 28 May 2019.']