Clark v State of New South Wales (No 2) [2016] NSWSC 1443

Clark v State of New South Wales (No 2) [2016] NSWSC 1443

There was no factual error in the previous judgment and no grounds to reopen it; costs should follow the event, with Mr Clark to bear other parties' costs on MFI 4 and MFI 6, and the State to bear the disbursements incurred by Mr Clark in connection with MFI 5.

Jurisdiction
Australia
Judgment Date
12 October 2016
Procedural Posture
Costs Application / Post Judgment Motion / Determination of Costs and Application to Reopen Judgment
Outcome
Application to reopen judgment refused; costs orders made as per usual rule.
Legal Topics
['costs Orders' 'application to Reopen Judgment' 'felons (civil Proceedings) Act 1981 (nsw)']
['procedure' 'costs'] ['costs Orders' 'application to Reopen Judgment' 'felons (civil Proceedings) Act 1981 (nsw)']

Case Brief

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Procedural Posture

Costs Application / Post Judgment Motion / Determination of Costs and Application to Reopen Judgment

Legal Issues

  1. 1 ['Whether there was a factual error in the earlier judgment justifying reopening' 'Whether usual costs orders should be departed from in the circumstances']

Ratio Decidendi

There was no factual error in the previous judgment and no grounds to reopen it; costs should follow the event, with Mr Clark to bear other parties' costs on MFI 4 and MFI 6, and the State to bear the disbursements incurred by Mr Clark in connection with MFI 5.

Court Disposition

Application to reopen judgment refused; costs orders made as per usual rule.

Orders

  • ["Mr Clark is to bear the other parties' costs, as agreed or assessed, in respect of MFI 4 and MFI 6." 'The State is to bear the disbursements Mr Clark incurred in connection with his pursuit of MFI 5.']