The Commissioner of the Australian Federal Police v Cranston (No 17) [2021] NSWSC 1513

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Cranston (No 17) [2021] NSWSC 1513 Hearing dates: 23 November 2021 Date of orders: 23 November 2021 Decision date: 23 November 2021 Jurisdiction: Common Law Before: Wright J Decision: (1) The 11th defendant is to pay the plaintiff's costs of and incidental to the 11th defendant's amended notice of motion filed on 16 March 2021 and withdrawn and dismissed on 3 November 2021. (2) The costs referred to in order (1) are payable forthwith. Catchwords: COSTS — party/party — costs orders in interlocutory proceedings — application withdrawn and dismissed — analogous to discontinuance of proceedings — general rule that costs follow the event — application of the rule and discretion — timing — costs payable forthwith CRIME — confiscations — restraining order — application for allowance for reasonable living expenses — costs when application not pressed Legislation Cited: Proceeds of Crime Act 2002 (Cth), s 24 Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.7, 42.19 Cases Cited: Burbank Montague Pty Limited and Anor v The Owners - Strata Plan 85312 and Anor [2020] NSWSC 1365 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 Fordyce v Fordham and Another (2006) 67 NSWLR 497; [2006] NSWCA 274 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Mahenthirarasa v State Rail Authority of New South Wales and Others (No 2) (2008) 72 NSWLR 273; [2008] NSWCA 201 McNamara v Bao San & Ors [2010] NSWSC 809 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Re the Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Category: Costs Parties: Commissioner of the Australian Federal Police (Plaintiff) Rachel Keary (Eleventh Defendant) Representation: Counsel: G O'Mahoney (Plaintiff) M Swanson (Eleventh Defendant)