State of New South Wales v Lynn (Costs) [2021] NSWSC 143

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Lynn (Costs) [2021] NSWSC 143 Hearing dates: On the papers Decision date: 26 February 2021 Jurisdiction: Common Law Before: Ierace J Decision: The plaintiff is to pay half the costs of the defendant, as agreed or assessed, that were incurred between 21 October 2020 and 5 November 2020, including the hearing on that date. Catchwords: HIGH RISK OFFENDER – continuing detention order sought by plaintiff refused – extended supervision order of 18 months imposed – extended supervision order not opposed by defendant – position of defendant communicated to plaintiff before final hearing – question of costs in those circumstances Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: State of New South Wales v Lynn (Final) [2019] NSWSC 580 Lynn v State of New South Wales [2019] NSWCA 300 State of New South Wales v Lynn (Preliminary) [2020] NSWSC 1066 State of New South Wales v Lynn (Final) [2020] NSWSC 1584 State of New South Wales v Guider (No 3) [2020] NSWSC 209 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Category: Costs Parties: State of New South Wales (Plaintiff) Scott David Lynn (Defendant) Representation: Counsel: J Emmett SC; R Sud (Plaintiff) E Kerkyasharian (Defendant)

Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid New South Wales (Defendant) File Number(s): 2020/200144