Winston v Commonwealth of Australia (No 3) [2024] NSWSC 693

Supreme Court New South Wales

Medium Neutral Citation: Winston v Commonwealth of Australia (No 3) [2024] NSWSC 693 Hearing dates: On the papers Date of orders: 7 June 2024 Decision date: 07 June 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: Order that Mr Winston bear: (1) the Commonwealth's costs of the motions by which he sought, but abandoned, leave to amend his statement of claim by various proposed pleadings; and (2) the Commonwealth's costs thrown away as the result of the leave he was granted to proceed on MFI 10. Catchwords: COSTS – costs of motions and proposed pleadings not finally pursued – costs thrown away as a result of leave to amend statement of claim – costs order made in favour of party opposing leave sought Legislation Cited: Civil Procedure Act 2005 (NSW), s 64 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Chapman v Luminis Pty Ltd [2003] FCAFC 162 Groves v Commonwealth (1982) 150 CLR 113; [1982] HCA 2 Winston v Commonwealth of Australia [2024] NSWSC 464 Category: Costs Parties: Robert Wilson Winston (Plaintiff) Commonwealth of Australia (Defendant) Representation: Counsel: A G Melick SC and C B Thomson (Plaintiff) M Fordham SC and A Lyons (Defendant)

Solicitors: Ken Cush & Associates (Plaintiff) Australian Government Solicitor (Defendant) File Number(s): 2019/339343 Publication restriction: Nil