DC v State of New South Wales (No 2) [2016] NSWCA 233

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: DC v State of New South Wales (No 2) [2016] NSWCA 233 Hearing dates: On the papers Decision date: 31 August 2016 Before: Basten JA; Ward JA; Sackville AJA Decision: (1) The respondent pay the appellants' costs of the appeal. (2) In each of proceedings 2008/00289325 and 2008/00289326, the first defendant pay the plaintiff's costs of the proceedings against the first defendant. Catchwords: COSTS – costs of appeal follow the event – costs of proceedings in court below where appellants unsuccessful at first instance against second defendant and did not appeal that part of decision –appellants liable for costs of second defendant to extent they were incurred separately from first defendant – no basis for Bullock order in favour of the appellants Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 36.17 Cases Cited: Bullock v London General Omnibus Co [1907] 1 KB 264 Gould v Vaggelas [1985] HCA 75; (1985) 157 CLR 215 Whitbread v Rail Corporation of New South Wales [2011] NSWCA 130 Category: Costs Parties: DC (First Appellant) TB (Second Appellant) State of New South Wales (Respondent) Representation: Counsel: A S Morrison SC with K Pryde and N Morrissey (Appellants) I Harvey (Respondent)

Solicitors: Graham Jones Lawyers (Appellants) Crown Solicitor's Office (Respondent) File Number(s): 2015/00176396 Publication restriction: Restriction on identification of appellants Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Division Citation: [2015] NSWSC 575 Date of Decision: 22 May 2015 Before: Campbell J File Number(s): 2008/00289325; 2008/00289326