Larter v Hazzard (No 3) [2021] NSWSC 1595

Supreme Court New South Wales

Medium Neutral Citation: Larter v Hazzard (No 3) [2021] NSWSC 1595 Hearing dates: On the papers Decision date: 09 December 2021 Jurisdiction: Common Law Before: Adamson J Decision: The plaintiff to pay the third defendant's costs of the proceedings. Catchwords: COSTS — Party/Party — Whether exception to general rule that costs follow the event where proceedings brought in the public interest applies — public interest may have been generated by the plaintiff's representations online and in the media —limited public interest element to the litigation — plaintiff raised funds online — no evidence as to quantum costs paid by either party — brevity of hearing and absence of expert evidence — no application brought under UCPR, r 42.4(1) — plaintiff to pay the third defendant's costs of the proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Public Health (COVID-19 Vaccination of Health Care Workers) Order 2021 (NSW) Public Health (COVID-19 Vaccination of Health Care Workers) Order (No 2) 2021 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.4 Cases Cited: Can v State of New South Wales [2021] NSWSC 1480 Kassam v Hazzard; Henry v Hazzard [2021] NSWCA 299 Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320 Larter v Hazzard (No 2) [2021] NSWSC 1451 Shelton v Repatriation Commission (1999) 85 FCR 587; [1999] FCA 181 Category: Costs Parties: John Edward Larter (Plaintiff) The Hon. Brad Hazzard MP, Minister for Health and Medical Research (First Defendant) Health Administration Corporation (Second Defendant) State of New South Wales (Third Defendant) Representation: Counsel: S Prince SC / M Maconachie / T Wong (Plaintiff) Submitting appearance (First and Second Defendants) J Kirk SC / T Prince / D Reynolds (Third Defendant)