McLaughlin v State of New South Wales (No. 2) [2023] NSWDC 557

District Court New South Wales

Medium Neutral Citation: McLaughlin v State of New South Wales (No. 2) [2023] NSWDC 557 Hearing dates: On the papers Date of orders: 13 December 2023 Decision date: 13 December 2023 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Confirm the costs orders made on 10 November 2021 by Judge Smith SC. (2) Order the defendant to pay the plaintiff's costs in relation to the defendant's Notice of Motion filed on 18 August 2022. (3) Subject to Order (1), order the defendant to pay the plaintiff's costs of the proceedings assessed on the ordinary basis up to 20 July 2022 and assessed on the indemnity basis from 21 July 2022 onwards. (4) Order that the costs of this costs determination be paid by the defendant to the plaintiff, and that such costs are to also be assessed on the indemnity basis. Catchwords: COSTS — indemnity costs — judgment no less favourable to plaintiff Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.14 Cases Cited: Maitland Hospital v Fisher (No. 2) (1992) 27 NSWLR 721 McLaughlin v State of NSW [2023] NSWDC 525 Miwa Pty Ltd v Siantan Properties Pte Ltd (No. 2) [2011] NSWCA 344 Morgan v Johnson (1998) 44 NSWLR 578 Category: Costs Parties: Callum McLaughlin (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: A Canceri with S Boland (Plaintiff) G Keesing (Defendant)