New South Wales Crime Commission v Police Integrity Commission; Giorgiutti v Police Integrity Commission (No 3) [2011] NSWSC 978

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Police Integrity Commission; Giorgiutti v Police Integrity Commission (No 3) [2011] NSWSC 978 Decision date: 31 August 2011 Jurisdiction: Common Law - Administrative Law Before: Rothman J Decision: (i) The costs in and incidental to each proceeding, being 2011/54085 and 2011/61704 are to be treated as one set of costs; (ii) The New South Wales Crime Commission pay one-fifth of the Police Integrity Commission's costs in each proceeding, as agreed or assessed; (iii) The plaintiffs, Messrs Giorgiutti and Spark, pay 30% of the Police Integrity Commission's costs in each proceeding, as agreed or assessed; (iv) Otherwise the proceedings are dismissed. Catchwords: COSTS - principles - follow the event - two issues - plaintiffs unsuccessful on major issue and successful on minor issue - proportion determined on overall basis, taking account of subsequent proceeding involving only one plaintiff Legislation Cited: Civil Procedure Act 2005 Criminal Assets Recovery Act 1990 Uniform Civil Procedure Rules 2005 Cases Cited: Ahmadi v Fairfax Media Publications Pty Ltd (No 2) [2010] NSWSC 1191 Commonwealth of Australia v Gretton [2008] NSWCA 117 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Morton v Sydney Ferries Corporation (No 2) [2010] NSWSC 40 New South Wales Crime Commission v Police Integrity Commission; Giorgiutti v Police Integrity Commission [2011] NSWSC 443 New South Wales Crime Commission v Police Integrity Commission; Giorgiutti v Police Integrity Commission (No 2) [2011] NSWSC 476 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Ruddock v Vadarlis [2001] FCA 1865; (2001) 115 FCR 234 Category: Costs Parties: 2011/54085: New South Wales Crime Commission (Plaintiff) Police Integrity Commission (Defendant)