Director of Public Prosecutions v Eseque (Costs) [2024] NSWSC 141

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions v Eseque (Costs) [2024] NSWSC 141 Hearing dates: On the papers Date of orders: 23 February 2024 Decision date: 23 February 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: Order 4 of the orders made on 15 December 2023 be varied, and an additional order be made, to provide: (4) Ms Eseque is to bear the Director's costs, as agreed or assessed; and (5) Ms Eseque is to be granted an indemnity certificate under s 6 of the Suitors' Fund Act. Catchwords: COSTS – costs assessment – application for departure from usual costs order under UCPR r 42.1 – application for an order that there be no order as to costs and in the alternative, a fixed costs order – whether case has a test case aspect – whether defendant has a real interest in the resolution of what is in issue in the Local Court – whether defendant is impecunious COSTS – application for certificate under s 6 of the Suitors' Fund Act 1951 (NSW) – granted Legislation Cited: Road Transport (Safety and Traffic Management) Act 1999 (NSW) Suitors' Fund Act 1951 (NSW), ss 6, 61 Weapons Prohibition Act 1998 (NSW) Road Rules 2014 (NSW), r 30 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.4 Cases Cited: Director of Public Prosecutions v Eseque [2023] NSWSC 1579 Director of Public Prosecutions v Zheng [2021] NSWSC 131 Frost v Kourouche (2014) 86 NSWLR 214; [2014] NSWCA 39 Lou v IAG Limited t/as NRMA Insurance (2019) 101 NSWLR 606; [2019] NSWCA 319 Minister for Planning v Walker (No 2) [2008] NSWCA 334 Mir Bros Developments Pty Ltd v Atlantic Constructions Pty Ltd (1985) 1 NSWLR 491 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Roads and Traffic Authority of New South Wales v Baldock [2007] NSWCCA 35 State of New South Wales v Hollingsworth (No 2) [2023] NSWCA 283 Category: Costs Parties: Director of Public Prosecutions (Plaintiff) Chiqui Eseque (Defendant) Representation: Counsel: K Lindeman (Plaintiff) F Maghami (Defendant)