Smith v New South Wales Crime Commission (No 3) [2024] NSWSC 1610

Supreme Court New South Wales

Medium Neutral Citation: Smith v New South Wales Crime Commission (No 3) [2024] NSWSC 1610 Hearing dates: 11 November 2024 Date of orders: 13 December 2024 Decision date: 13 December 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: The fourth defendant bear the plaintiffs' costs of their motion, as agreed or assessed. Catchwords: COSTS – costs of motion – competing claims for indemnity costs and order that each party bear their own costs – whether circumstances warrant a departure from usual order for costs – no justification for departure – usual order made Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 98 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Smith v New South Wales Crime Commission [2024] NSWSC 1486 Texts Cited: Nil Category: Costs Parties: John Smith (a pseudonym) (First Plaintiff) Jane Smith (a pseudonym) (Second Plaintiff) New South Wales Crimes Commission (First Defendant) Director of Public Prosecutions (Second Defendant) State of New South Wales (Third Defendant) Jane Doe (Fourth Defendant) Representation: Counsel: D Gasic (Fourth Defendant)

Solicitors: Zali Burrows at Law (First and Second Plaintiff) Crown Solicitors (First, Second and Third Defendants) BlackBay Lawyers (Fourth Defendant) File Number(s): 2024/165594 Publication restriction: Nil