Australian Broadcasting Corporation v Local Court of NSW (No.2) [2014] NSWSC 515

Supreme Court New South Wales

Medium Neutral Citation: Australian Broadcasting Corporation v Local Court of NSW (No.2) [2014] NSWSC 515 Hearing dates: Written submissions Decision date: 05 May 2014 Jurisdiction: Common Law Before: Adamson J Decision: 1. Order the third defendant to pay 75% of the plaintiff's costs of the appeal. 2. Order the fourth defendant to pay 25% of the plaintiff's costs of the appeal. Catchwords: COSTS - whether Supreme Court has jurisdiction to make a costs order on an appeal against an order under the Court Suppression and Non-Publication Orders Act 2010 (NSW) - proportion of costs to be awarded where several parties involved in proceedings - where one party seeks to defend orders on grounds that were found to be untenable - where party seeks to defend order that was unauthorised by the Court Suppression and Non-Publication Orders Act 2010 (NSW) because it was too wide Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 254 Civil Procedure Act 2005 (NSW), s 98 Court Suppression and Non-Publication Orders Act 2010 (NSW), s 3, s 14 Crimes (Appeal and Review) Act 2001 (NSW), Part 5 Criminal Appeal Act 1912 (NSW), s 17 Legal Aid Commission Act 1979 (NSW), s 42 Supreme Court Act 1970 (NSW), s 23 Cases Cited: Australian Broadcasting Corporation v Local Court of NSW [2014] NSWSC 239 Director of Public Prosecutions (NSW) v Wililo [2012] NSWSC 713 Fairfax Digital Australia and New Zealand Pty Limited v Ibrahim [2012] NSWCCA 125 Latoudis v Casey (1990) 170 CLR 534 Category: Costs Parties: Australian Broadcasting Corporation (Plaintiff) Local Court of New South Wales (First Defendant) Director of Public Prosecutions (Second Defendant) Tamie Apps (Third Defendant) Director-General of the Department of Family and Community Services (Fourth Defendant) Representation: Counsel: MA Polden (Plaintiff) T Molomby SC (Third Defendant) B Baker (Fourth Defendant) Solicitors: Rob Simpson, Australian Broadcasting Corporation (Plaintiff) Kernaghan & Associates Lawyers (Third Defendant) I V Knight, Crown Solicitor (Fourth Defendant) File Number(s): 2013/350723 Publication restriction: Nil