Rook v State of New South Wales (No 4) [2015] NSWDC 155

District Court New South Wales

Medium Neutral Citation: Rook v State of New South Wales (No 4) [2015] NSWDC 155 Hearing dates: 11 June 2015 Date of orders: 11 June 2015 Decision date: 11 June 2015 Jurisdiction: Civil Before: Neilson DCJ Decision: Subject to all earlier orders as to costs the defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis. Costs include costs of cost application Catchwords: COSTS – UCPR r 42.14 – Whether exceptional circumstances required before court may exercise discretion to "order otherwise" in relation to an unaccepted offer of compromise – Exceptional circumstances not required

COSTS – Whether severable issues – Claims for false imprisonment, assault and battery, detinue and malicious prosecution – Plaintiff successful on false imprisonment and assault and battery, abandoned detinue and unsuccessful on malicious prosecution – Wholly unsuccessful in claim for aggravated and exemplary damages, nominal damages only for assault and battery - Large amount of case devoted to issues on which plaintiff was unsuccessful – Apportionment of costs not appropriate because plaintiff raised substantive issues of credit which were relevant to both successful and unsuccessful claims Legislation Cited: Local Court Act 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Barakat v Bazdarova [2012] NSWCA 140 Calderbank v Calderbank [1975] 3 All ER 333 Kooee Communications Pty Limited v Primus Telecommunications Pty Limited (No 2) [2008] NSWCA 85 Leach v The Nominal Defendant [2014] NSWCA 391 LMI v Baulderstone (No 2) [2002] NSWSC 72 Nominal Defendant v Hawkins [2011] NSWCA 93; (2011) 58 MVR 362 Category: Costs Parties: David Duncan Rook (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Mr P Braham SC (Plaintiff) Mr L Robison (Plaintiff) Mr M Hutchings (Defendant)