Searle v Commonwealth of Australia (No.4) [2020] NSWSC 665

Supreme Court New South Wales

Medium Neutral Citation: Searle v Commonwealth of Australia (No.4) [2020] NSWSC 665 Hearing dates: 08 May 2020 Date of orders: 29 May 2020 Decision date: 29 May 2020 Jurisdiction: Common Law Before: Garling J Decision: (1) Order that the costs of the proceedings before Fagan J, as ordered by Order 7 of the Court of Appeal dated 31 May 2019, be payable by the Commonwealth of Australia forthwith.

(2) The Commonwealth of Australia is to pay the costs of the Notice of Motion filed 9 April 2020, insofar as, and to the extent that, the Motion concerned the matters the subject of this judgment. Catchwords: COSTS — General rule that costs follow the event — Application of the rule and discretion – where the Court of Appeal has made final orders in one part of a representative proceeding but other parts are ongoing – whether a cost order for aspects of a representative proceeding that have been decided with finality are payable forthwith Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Searle v Commonwealth of Australia [2018] NSWSC 1017 Searle v Commonwealth of Australia [2019] NSWCA 127 Showtime Touring Group Pty Ltd v Mosley Touring Inc [2013] NSWCA 53 Texts Cited: Not Applicable Category: Procedural rulings Parties: Clayton William Searle (P) Commonwealth of Australia (D) Representation: Counsel: N Kidd SC / D Katz (P) G Sirtes SC (D)

Solicitors: Levitt Robinson (P)) McCullough Robertson (D) File Number(s): 2016/45027 Publication restriction: Not Applicable