Landrey v Director of Public Prosecutions (NSW) (No 2) [2023] NSWCA 27

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Landrey v Director of Public Prosecutions (NSW) (No 2) [2023] NSWCA 27 Hearing dates: On the papers Date of orders: 24 February 2023 Decision date: 24 February 2023 Before: Ward P; Simpson AJA; Basten AJA Decision: (1) Dismiss the motion filed by the first and second defendants on 3 November 2022. (2) Order that the first and second defendants pay the plaintiff's costs of the motion. Catchwords: CIVIL PROCEDURE – costs – variation of order – motion seeking to have the unsuccessful plaintiff pay costs of two defendants – defendants appearing in same interest and jointly represented – defendants both emanations of the State – one set of costs awarded Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 36.16(3A), 36.17 Category: Costs Parties: Geoffrey Vance Landrey (Plaintiff) Director of Public Prosecutions (NSW) (First Defendant) State of New South Wales (Second Defendant) Local Court of New South Wales (Third Defendant) Representation: Counsel: G D Wendler (Plaintiff) M G Sexton SC / J S Caldwell (First and Second Defendants)

Solicitors: Whitfields Solicitors (Plaintiff) Karen Smith, Crown Solicitor (Defendants) File Number(s): 2022/00152434 Publication restriction: N/A

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]