Choi v NSW Ombudsman [2024] NSWSC 940

Supreme Court New South Wales

Medium Neutral Citation: Choi v NSW Ombudsman [2024] NSWSC 940 Hearing dates: 31 July 2024 Date of orders: 31 July 2024 Decision date: 31 July 2024 Jurisdiction: Common Law Before: N Adams J Decision: (1) The costs order made by Cavanagh J on 5 April 2024 is to be paid in the specified amount of $30,000 by the plaintiff to the first defendant forthwith. (2) The plaintiff is to pay the first defendant's costs of the notice of motion filed on 3 May 2024 on the ordinary basis. (3) The plaintiff's notice of motion filed on 18 April 2024 is dismissed. (4) The plaintiff is to pay the first defendant's costs of that motion on the ordinary basis. (5) The plaintiff's notice of motion filed on 14 May 2024 is dismissed. (6) The plaintiff is to pay the first defendant's costs of that motion on the ordinary basis. Catchwords: JUDGMENTS AND ORDERS – amending, varying, setting aside – application to set aside orders under UCPR r 36.15 – no omissions or oversight – dismissed PRACTICE AND PROCEDURE – costs – application for gross sum costs order against self-represented party residing overseas – significant discount – avoidance of satellite litigation – granted PRACTICE AND PROCEDURE – summary dismissal or strike out of motion seeking gross sum costs order – without merit – dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 98 Ombudsman Act 1974 (NSW), s 35A Uniform Civil Procedure Rules 2005 (NSW), r 36.15 Cases Cited: Ahern v Aon Risk Services Australia Ltd (No 2) [2022] NSWCA 39 Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 and 123; 1999 [FCA] 350 Choi v NSW Ombudsman [2021] NSWCA 68 Choi v NSW Ombudsman [2022] NSWCATAD 92 Choi v NSW Ombudsman [2022] NSWSC 1681 Choi v NSW Ombudsman [2024] NSWSC 352 Damjanovic v Maley (2002) 55 NSWLR 149; NSWCA 230 Dickson v Commissioner of Australian Federal Police (No 2) [2023] NSWCA 111 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Reisner v Bratt & Anor [2004] NSWCA 22 State of New South Wales v Hollingsworth (No 2) [2023] NSWCA 283 Category: Procedural rulings Parties: Jae Hee Choi (Plaintiff)(self-represented) Office of the NSW Ombudsman (First Defendant) Civil and Administrative Tribunal of New South Wales (Second Defendant) Representation: Counsel: M Gaven (First Defendant)