Adams by her next friend O'Grady v State of New South Wales (No 2) [2008] NSWSC 1394

New South Wales Supreme Court

CITATION : Adams by her next friend O'Grady v State of New South Wales (No 2) [2008] NSWSC 1394

HEARING DATE(S) : Written submissions

JUDGMENT DATE : 23 December 2008

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(i) The plaintiff pay the defendant's costs of and incidental to the proceedings, as agreed or assessed; DECISION : (ii) Notwithstanding the foregoing, the defendant be restrained from executing said costs order against Ms Paula O'Grady in relation to funds or property other than funds or property of the plaintiff or for which the plaintiff has the legal or beneficial title.

CATCHWORDS : COSTS – principle that costs follow event – broad discretion – costs ordered, but not to be enforced against tutor for compelling discretionary reasons

LEGISLATION CITED : Civil Procedure Act 2005

CATEGORY : Consequential orders

Adams v State of New South Wales [2008] NSWSC 1257 CASES CITED : Hunter Area Health Service v Presland [2005] NSWCA 33; (2005) 63 NSWLR 22 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72

PARTIES : Debbie Marie Adams by her next friend Paula O'Grady (Plaintiff) State of New South Wales (Defendant)

FILE NUMBER(S) : SC 20319/2005

COUNSEL : J B Turnbull / T D Anderson (Plaintiff) P W Taylor SC / J L Lonergan (Defendant)

SOLICITORS : Adamson Solicitors (Plaintiff) Crown Solicitor's Office (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ROTHMAN J

23 DECEMBER 2008

20319/05 Debbie Marie Adams by her next friend Paula O'Grady v State of New South Wales (No 2)