Young & Young v Attorney General of New South Wales (No 2) [2024] NSWSC 705

Supreme Court New South Wales

Medium Neutral Citation: Young & Young v Attorney General of New South Wales (No 2) [2024] NSWSC 705 Hearing dates: On the papers Date of orders: 11 June 2024 Decision date: 11 June 2024 Jurisdiction: Equity - Applications List Before: Kunc J Decision: Order in each proceeding that the defendant is entitled to be paid costs in the specified gross sum of $4,000. Catchwords: COSTS – Party/party – Specified gross sum – no issue of principle Legislation Cited: Civil Procedure Act 2005 (NSW) s 98(4)(c) Cases Cited: Young & Young v Attorney General of New South Wales [2024] NSWSC 282 Category: Costs Parties: Proceedings 2023/292705 Kyle Anthony Young (Plaintiff) Attorney General of New South Wales (Defendant)

Proceedings 2023/292696 Shaun Anthony Young (Plaintiff) Attorney General of New South Wales (Defendant) Representation: Proceedings 2023/292705 Plaintiff (Self)

Solicitors: Crown Solicitor (Defendant)

Proceedings 2023/292696 Plaintiff (Self) Solicitors: Crown Solicitor (Defendant) File Number(s): 2023/292705 2023/292696

JUDGMENT

Summary 1. The Court delivered its principal judgment in these two proceedings on 20 March 2024, having dealt with the matter on the papers: Young & Young v Attorney General of New South Wales [2024] NSWSC 282. Defined terms in the judgment have the same meaning in these reasons, which assume familiarity, and should be read with, the judgment. 2. In the judgment, the Court dismissed with costs each of Shaun and Kyles' summonses. 3. When the judgment was delivered, the Court gave liberty to the AG to apply in relation to any special costs order, including for costs to be assessed as a specified gross sum. 4. The AG exercised that liberty, and the Court made directions for the exchange of submissions and evidence on the basis that the costs application would also be dealt with on the papers. 5. In accordance with the Court's directions, the AG filed submissions on costs together with a notice of motion that in each of their proceedings, Shaun and Kyle should each pay the AG's costs of the proceedings assessed as a specified gross sum of $4,000 each. The AG's motion was supported by an affidavit sworn by Ms I Viney, a solicitor in the office of the Crown Solicitor for NSW. 6. Despite being following up on at least two occasions by my Associate, Shaun and Kyle have refused to participate in this stage of the proceedings. They have declined to file any submissions or evidence in accordance with the Court's directions. The only response which my chambers has received is an email sent by Kyle to my Associate: "Come forth; and try collecting on that $4,000 debt! Guess whom is the owners of all debt??? Kind regards" 1. For the reasons which follow, the Court will make orders in accordance with the AG's application.