Jones v Pearson [2015] NSWSC 1324

Supreme Court New South Wales

Medium Neutral Citation: Jones v Pearson [2015] NSWSC 1324 Hearing dates: 3 September 2015 Decision date: 14 September 2015 Before: Hoeben CJ at CL Decision: (1) Pursuant to Pt 79 r 19 of the Supreme Court Rules 1970 the Petitioner is granted leave to discontinue these proceedings. (2) The proceedings commenced on 29 May 2015 are discontinued. (3) The Notice of Motion filed on 23 June 2015 by the Second Respondent is dismissed. (4) The Petitioner is to pay the costs of the First Respondent incurred in respect of the petition. (5) The Petitioner is to pay the costs of the Second Respondent incurred in respect of the petition. (6) The Court recommends that the costs of the First Respondent ordered to be paid by the Petitioner be paid by the Crown. Catchwords: Court of Disputed Returns – costs – leave granted to Petitioner to withdraw petition – power to order costs – interaction of sections 161(1)(ix) and 172 of Parliamentary Electorates and Elections Act 1912 – whether Petitioner who seeks leave to discontinue petition is "an unsuccessful party to the petition" for the purposes of s 172 – costs awarded against Petitioner – whether recommendation should be made that Crown pay any part of the costs awarded against the Petitioner. Legislation Cited: Parliamentary Electorates and Elections Act 1912 – s 151, 161(i), (v), (vi), (vii), (ix), 164, 172 Supreme Court Rules 1970 – Pt 79 r 19 Cases Cited: Bradbery v Hay (No 2) [2011] NSWSC 691 Hanson v Johnston & Ors [2011] NSWSC 621 Category: Principal judgment Parties: Peter Neil Jones – Petitioner Mark Pearson – First Respondent Electoral Commissioner of NSW – Second Respondent Representation: Counsel: Mr D Stewart – Petitioner Ms P Wass SC – First Respondent Ms K Richardson – Second Respondent