Polley v Johnson and anor (No 2) [2014] NSWSC 1301

Supreme Court New South Wales

Medium Neutral Citation: Polley v Johnson and anor (No 2) [2014] NSWSC 1301 Hearing dates: Written submissions - 5 September 2014 Decision date: 23 September 2014 Before: Bellew J Decision: The plaintiff is to pay to the Commissioner of Police for NSW, the costs of and incidental to the claim for public interest immunity made in the proceedings on 13 March 2014, as agreed or assessed. The plaintiff is to pay the first defendant's costs of the proceedings, as agreed or assessed, such costs to include the first defendant's costs of, and incidental to, the notice of motion filed on 6 March 2014. Catchwords: COSTS - whether costs should follow the event - whether costs order reflecting the outcome of interlocutory application should be made separately from an order in respect of the costs of the proceedings as a whole. Legislation Cited: Legal Aid Commission Act 1979 Uniform Civil Procedure Rules 2005 Cases Cited: Polley v Johnson and anor [2014] NSWSC 1191 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Costs Parties: Michelle Elizabeth Polley - Plaintiff Belinda Johnson - First Defendant Holly Wraith Smith - Second defendant Representation: Counsel: Mr P Skinner - Plaintiff Ms M England - First Defendant Solicitors: Legal Aid New South Wales - Plaintiff I V Knight - Crown Solicitor for New South Wales - First defendant File Number(s): 2012 / 271413 Publication restriction: Nil