Murphy v The State of New South Wales (No 2) [2023] NSWSC 673

Supreme Court New South Wales

Medium Neutral Citation: Murphy v The State of New South Wales (No 2) [2023] NSWSC 673 Hearing dates: 21 June 2023 Date of orders: 21 June 2023 Decision date: 21 June 2023 Jurisdiction: Common Law Before: Davies J Decision: (1) Judgment for the plaintiff in the sum of $39,148.64. (2) The defendant is to pay 1/3 of the plaintiff's costs. Catchwords: COSTS – general rule that costs follow the event – multiple claims by plaintiff – where plaintiff successful on some but not all claims – whether claims inter-related – defendant liable for one third of plaintiff's costs Legislation Cited: Civil Procedure Act 2005 (NSW) s 146 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) ss 99, 202 Uniform Civil Procedure Rules 2005 (NSW) rr 42.13A, 42.15, 42.34 Cases Cited: A v Sate of New South Wales (2007) 230 CLR 500; [2007] HCA 10 Hughes v Western Australian Cricket Association (Inc) [1986] ATPR 40,748 Murphy v The State of New South Wales [2023] NSWSC 407 Permanent Trustee v FAI (unreported, NSWSC, 3 June 1998) State of New South Wales v Quirk [2012] NSWCA 216 Thiess v TCN Channel 9 Pty Ltd (No. 5) [1994] 1 Qd R 156 Waters v P C Henderson (Aust) Pty Ltd [1994] NSWCA 338; (1994) 254 ALR 328 Texts Cited: Nil Category: Costs Parties: Liam Murphy (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: J Sheller SC (Plaintiff) M S Spartalis & D Hume (Defendant)