Chadwick v State of New South Wales (Costs) [2022] FCA 1279

Federal Court of Australia

Chadwick v State of New South Wales (Costs) [2022] FCA 1279 File number: NSD 1307 of 2020

Judgment of: CHEESEMAN J

Date of judgment: 28 October 2022

Catchwords: PRACTICE AND PROCEDURE – where applicant and respondents both successful in interlocutory applications – whether costs should be costs in the cause – Held: costs to be costs in the cause.

Legislation: Federal Court of Australia Act 1976 (Cth), ss 37M, 43

Cases cited: Calderbank v Calderbank [1975] 3 All ER 333 Taleb v GM Holden Limited [2011] FCAFC 168; 286 ALR 309

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 10

Date of hearing: Determined on the papers.

Counsel for the Applicant: Ms M Dulhunty

Counsel for the First and Second Respondents: Mr R Lee

Solicitor for the First and Second Respondents: MinterEllison

ORDERS NSD 1307 of 2020

BETWEEN: SANDRA-ANNE NGAONE CHADWICK Applicant

AND: STATE OF NEW SOUTH WALES First Respondent

NEW SOUTH WALES LAND AND HOUSING CORPORATION Second Respondent

order made by: CHEESEMAN J DATE OF ORDER: 28 oCTOBER 2022

THE COURT ORDERS THAT:

1. The parties' applications for alternative costs orders pursuant to order 3 of the orders dated 27 September 2022 be dismissed. 2. The costs of the interlocutory applications the subject of the reasons for judgment in Chadwick v State of New South Wales (Amendment Application) [2022] FCA 1138 be costs in the cause. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.