Cunneen v Independent Commission Against Corruption [2015] NSWCA 46

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cunneen v Independent Commission Against Corruption [2015] NSWCA 46 Hearing dates: On the papers Date of orders: 13 March 2015 Decision date: 13 March 2015 Before: Bathurst CJ at [1]; Basten JA at [2]; Ward JA at [3] Decision: Order that the Commission pay: (a)The plaintiffs' costs of the proceedings in the Common Law Division, and (b)The appellants' costs in this Court, including the costs of this application. Catchwords: COSTS – general rule that costs follow the event – whether there should be departure from general rule Legislation Cited: Independent Commission Against Corruption Act 1988 (NSW) Cases Cited: Baker v Towle [2008] NSWCA 73 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Cuneen v Independent Commission Against Corruption [2014] NSWCA 421 Elite Protective Personnel Pty Ltd v Salmon (No 2) [2007] NSWCA 373 Independent Commission Against Corruption v Cripps (Supreme Court, (NSW), Sully J, 1996, unrep) Category: Costs Parties: Margaret Cunneen (First Appellant) Stephen Wyllie (Second Appellant) Sophia Tilley (Third Appellant)

Independent Commission Against Corruption (Respondent) Representation: Counsel: A Moses SC with T Howard SC and R Gall (Appellants) J Kirk SC with S Robertson (Respondent)

Solicitors: Cockburn and Co (Appellants) Crown Solicitor's Office (Respondent) File Number(s): CA 2014/00332831 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Division Citation: [2014] NSWSC 1571 Date of Decision: 10 November 2014 Before: Hoeben CJ at CL File Number(s): SC 2014/00324898