State of NSW v Guider (No 3) [2020] NSWSC 209

State of NSW v Guider (No 3) [2020] NSWSC 209

The defendant had clearly indicated before the final hearing that he would not oppose the lesser relief of a five-year extended supervision order, while the plaintiff pursued the greater relief of a continuing detention order through a hard fought hearing and failed. Because proceedings under the Act are civil proceedings, because the Act does not displace the ordinary position on costs against the plaintiff, and because the defendant achieved the relevant litigious victory, costs followed the event and the plaintiff was required to pay the defendant's costs of the final hearing, including the costs hearing, without apportionment.

Jurisdiction
Australia
Judgment Date
09 March 2020
Procedural Posture
Costs Dispute in Proceedings Pursuant to the High Risk Offenders Act 2006 (nsw) / Costs Determination After Final Hearing Where Continuing Detention Order Was Refused and Extended Supervision Order Imposed
Outcome
Plaintiff ordered to pay the defendant's costs of the proceedings pertaining to the final hearing, including the costs of the costs hearing.
Legal Topics
['continuing Detention Order' 'extended Supervision Order' 'costs Following the Event' 'apportionment of Costs']
['high Risk Offenders' 'civil Procedure' 'costs'] ['continuing Detention Order' 'extended Supervision Order' 'costs Following the Event' 'apportionment of Costs']

Case Brief

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Procedural Posture

Costs Dispute in Proceedings Pursuant to the High Risk Offenders Act 2006 (nsw) / Costs Determination After Final Hearing Where Continuing Detention Order Was Refused and Extended Supervision Order Imposed

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendant's costs relating to the final hearing where the plaintiff sought a continuing detention order but the Court imposed an extended supervision order that the defendant had indicated would not be opposed." 'Whether costs should be apportioned because some hearing was still required for an extended supervision order under the High Risk Offenders Act 2006 (NSW).']

Ratio Decidendi

The defendant had clearly indicated before the final hearing that he would not oppose the lesser relief of a five-year extended supervision order, while the plaintiff pursued the greater relief of a continuing detention order through a hard fought hearing and failed. Because proceedings under the Act are civil proceedings, because the Act does not displace the ordinary position on costs against the plaintiff, and because the defendant achieved the relevant litigious victory, costs followed the event and the plaintiff was required to pay the defendant's costs of the final hearing, including the costs hearing, without apportionment.

Court Disposition

Plaintiff ordered to pay the defendant's costs of the proceedings pertaining to the final hearing, including the costs of the costs hearing.

Orders

  • ['The plaintiff must pay the costs of the defendant of the proceedings pertaining to the final hearing including the costs of today.']