Kelloway v Department of Customer Service trading as Registrar of Births, Deaths and Marriages [2024] NSWSC 367

Supreme Court New South Wales

Medium Neutral Citation: Kelloway v Department of Customer Service trading as Registrar of Births, Deaths and Marriages [2024] NSWSC 367 Hearing dates: 24 October 2023 Date of orders: 10 April 2024 Decision date: 10 April 2024 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The notice of motion filed 19 September 2023 is dismissed. (2) The plaintiff to pay the defendant's costs of the notice of motion. (3) The matter is listed for directions before Lonergan J at 9:30am on 18 April 2024. Catchwords: COSTS – application for maximum costs order limiting costs recoverable by other party – factors to consider in making maximum costs order – whether litigation in public interest – inadequate and deliberately incomplete revelation of applicant's true financial situation – maximum costs order not made Legislation Cited: Civil Procedure Act 2005 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (2009) 170 LGERA 22; [2009] NSWLEC 165 Corcoran v Virgin Blue Airlines Pty Ltd [2008] FCA 864 Delta Electricity v Blue Mountains Conservation Society Inc (2010) 176 LGERA 424; [2010] NSWCA 263 Nerringillah Community Association Inc v Laundry Number Pty Ltd (2018) 236 LGERA 102; [2018] NSWLEC 157 Oshlack v Richmond River Council (1998) 198 CLR 72; [1998] HCA 11 Registrar of Births, Deaths and Marriages v Kelloway [2023] NSWCATAP 231 Re Sherbourne Estate (No 2) (2005) 65 NSWLR 268; [2005] NSWSC 1003 Category: Procedural rulings Parties: Sarah Kelloway (Plaintiff) Department of Customer Service trading as Registrar of Births, Deaths and Marriages (Defendant) Representation: Counsel: H Ryan (Plaintiff) B Lim (Defendant)