Michael v State of New South Wales [2013] NSWSC 230

Supreme Court New South Wales

Medium Neutral Citation: Michael v State of New South Wales [2013] NSWSC 230 Hearing dates: 8 March 2013 Decision date: 26 March 2013 Before: Harrison J Decision: 1. Order Mr Michael to pay so much of the State's costs as are referred to and contained in a schedule of costs attached to the letter dated 1 November 2012 from the Crown Solicitor to Messrs Carroll & O'Dea, being annexure "AP" to the affidavit of Alina Fegan affirmed 30 November 2012, in the specified gross sum of $5,000 pursuant to s 98(4)(c) of the Civil Procedure Act 2005. 2. Order that the costs of this application be the State's costs in the proceedings. Catchwords: COSTS - failure to prosecute proceedings diligently - wasted correspondence and appearances - expert conclaves postponed - specified gross sum costs order Legislation Cited: Civil Procedure Act 2005, s 98 Uniform Civil Procedure Rules 2005 Cases Cited: Douglas & Anor v Madden & Ors (No 4) [2010] NSWSC 904 Hamod v State of New South Wales (No 13) [2009] NSWSC 756 Michael v State of New South Wales [2011] NSWSC 231 Category: Procedural and other rulings Parties: Matthew John Michael (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: R deMeyrick (Plaintiff) G Mahony (Defendant) Solicitors: Carroll & O'Dea Lawyers (Plaintiff) Crown Solicitor (Defendant) File Number(s): 2009/00297573 Publication restriction: Nil