Camenzuli v Morrison (No 2) [2022] NSWCA 62

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Camenzuli v Morrison (No 2) [2022] NSWCA 62 Hearing dates: On the papers Date of orders: 14 April 2022 Decision date: 14 April 2022 Before: Basten JA; Leeming JA; Payne JA Decision: (1) The plaintiff pay the first, second, third and eighth defendants' costs of these proceedings, excluding any costs incurred after 8 April 2022. (2) Dismiss all other applications for costs. Catchwords: COSTS – party/party – award in favour of jointly represented active defendants against unsuccessful plaintiff – claim by non-active defendants in same interest – principle favouring single award where parties in same interest – claim by proposed defendants on joinder motion which lapsed with rejection of primary claim – whether plaintiff should pay costs of motion – Local Democracy Matters Inc v Infrastructure NSW (No 2) [2019] NSWCA 118 applied Legislation Cited: N/A Cases Cited: JE v Secretary, Department of Communities and Justice (No 2) [2020] NSWCA 243 Local Democracy Matters Inc v Infrastructure NSW (No 2) [2019] NSWCA 118 Category: Costs Parties: Matthew Louis Camenzuli (Plaintiff) The Hon Scott Morrison MP (First Defendant) Christine McDiven AM (Second Defendant) The Hon Dominic Perrottet MP (Third Defendant) The Hon Alex Hawke MP (Fourth Defendant) The Hon Sussan Ley MP (Fifth Defendant) Trent Zimmerman MP (Sixth Defendant) The Hon Philip Ruddock AO (Seventh Defendant) The Hon John Olsen AO (Eighth Defendant) Representation: Counsel: S Robertson / A R Langshaw / B May (Plaintiff) G O'L Reynolds SC / D A Ward (First, Second, Third and Eighth Defendants) S Duggan (Seventh Defendant)