Nichols v Singleton Council (No 3) [2012] NSWSC 367

Supreme Court New South Wales

Medium Neutral Citation: Nichols v Singleton Council (No 3) [2012] NSWSC 367 Hearing dates: In chambers Decision date: 19 April 2012 Jurisdiction: Common Law - Administrative Law Before: Schmidt J Decision: 1. The undated report of the second defendant, Bernard Smith as conduct reviewer provided to the first defendant on 8 November 2010 is quashed. 2. The first defendant, Singleton Council, is restrained from giving any consideration to that report. 3. The plaintiff is to pay: (a) the defendants' costs of the motions filed on 23 May 2011 seeking declarations and orders for punishment for contempt and that the defendants' points of defence be struck out, as agreed or assessed (b) the third defendant's costs of the motion filed on 17 August 2011 seeking a suppression order, as agreed or assessed. (c) the fourth defendant's costs, of no more than 15% of the costs incurred by the defendants in their joint representation in the proceedings, as agreed or assessed. 4. The first, second and third defendants are otherwise to pay the plaintiff's costs of the proceedings, as agreed or assessed. The Court notes: 5. Pursuant to the order made by the Registrar on 5 April 2011 the defendants are to pay the plaintiff's costs of his application for verified discovery. Catchwords: PROCEDURE - judgment and orders - final orders - whether Council should be restrained from considering the report, given the order that the report be quashed - restraining order made

PROCEDURE - costs - general rule costs follow the event - Sanderson type order sought - no departure from usual rule - defendant sought costs orders in relation to contempt motions and suppression motion - no departure from usual costs order in relation to contempt motions - plaintiff to bear costs of suppression order Legislation Cited: Civil Procedure Act 2005 Local Government Act 1993 Cases Cited: James v Surf Road Nominees Pty Ltd [No 2] [2005] NSWCA 296 Lackersteen v Jones (No 2) (1988) 93 FLR 442 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 McLaughlin v Dungowan Manly Pty Limited [2010] NSWSC 306 Nichols v Singleton Council [2011] NSWSC 946 Nichols v Singleton Council (No 2) [2011] NSWSC 1517 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 The Queen v The Australian Broadcasting Tribunal; Ex parte Hardiman [1980] HCA 13; (1980) 144 CLR 13 Category: Consequential orders Parties: Paul Nichols (Plaintiff) Singleton Council (First Defendant) Bernard Smith (Second Defendant) Scott Greensill (Third Defendant) Gary Thomson (Fourth Defendant) Representation: Counsel: Mr R Lovas (Plaintiff) Mr J Griffiths SC with Ms M Allars (Defendants) Solicitors: Alex Irving Solicitor (Plaintiff) Sparke Helmore Lawyers (Defendants) File Number(s): 2010/376603 Publication restriction: None