Johnson v DOCS (No 2) [1999] NSWSC 1251

New South Wales Supreme Court CITATION : Johnson v DOCS (No 2) [1999] NSWSC 1251 CURRENT JURISDICTION : Common Law Division FILE NUMBER(S) : 20729/97 HEARING DATE(S) : 15/12/99 JUDGMENT DATE : 17 December 1999

Christopher Johnson - Appellant PARTIES : Department of Community Services - First Respondent Minister for Community Services - Second Respondent State of New South Wales - Third Respondent JUDGMENT OF : Rolfe J

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 20729/97 LOWER COURT JUDICIAL OFFICER : Master Harrison

COUNSEL : Mr P.W.J. Gray/Ms A. Pearman - Appellant Mr J.A. McCarthy QC - Respondents SOLICITORS : Carroll & O'Dea - Appellant I.V. Knight, Crown Solicitor - Respondents CATCHWORDS : Costs to be paid before conclusion of proceedings: Part 52A rule 9. Merton Enterprises Pty Limited v Nelson (1988) 13 NSWLR 454 CASES CITED : Thunderdome Racetiming and Scoring Pty Limited v Dorian Industries Pty Limited (1992) 36 FCR 297 Charlie Brown Pty Limited & Anor v Green & Ors (McLelland CJinEq) - 3 July 1995 - unreported) Prebble v Australian Broadcasting Commission (Levine J - 11 July 1997 - unreported) DECISION : I order:; 1. that the appellant have leave to have the costs of the application before Master Harrison and of the appeal before me assessed and/or taxed forthwith; and; 2. the respondents pay such costs forthwith upon such assessment or taxation, provided that should the respondents seek leave to appeal from my decision of 2 December 1999, such costs shall not be payable until either:-; (a) leave to appeal is refused; or; (b) if leave is granted, the appeal is dismissed; or; (c) if leave to appeal is granted; there is no variation to the cost order I have made.