Commissioner of the Australian Federal Police v W (No 4) [2016] NSWSC 1554

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v W (No 4) [2016] NSWSC 1554 Hearing dates: On the papers Date of orders: 02 November 2016 Decision date: 02 November 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the first and second defendants (the defendants) to pay the plaintiff's costs of the notice of motion filed on 6 November 2014 and amended on 2 May 2016 (the exclusion application) forthwith.

(2) Order the defendants to pay the plaintiff's costs of:

(a) the defendants' notice of motion for a stay of proceedings filed on 23 May 2016;

(b) the plaintiff's notice of motion to set aside the stay filed on 5 July 2016;

(c) the defendants' notice of motion for an extension of the stay filed on 18 August 2016; and

(d) the costs thrown away by the adjournment of the exclusion application which was listed for hearing to commence on 23 May 2016

forthwith on an indemnity basis. Catchwords: COSTS – indemnity costs – application by plaintiff for costs on indemnity basis for stay application, the plaintiff's successful application to set aside the stay, the defendants' application for an extension of the stay and adjournment of exclusion application – non-disclosure by defendants of material matters when making stay application and resisting its setting aside warrants order for indemnity costs – costs orders sought forthwith – defendants ordered to pay costs forthwith on an indemnity basis

COSTS – application by plaintiff for costs of exclusion application on ordinary basis – orders sought forthwith – defendants ordered to pay costs of exclusion application forthwith Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Criminal Code Act 1995 (Cth), Sch 1, s 400.9 Proceeds of Crime Act 2002 (Cth) s 31 Uniform Civil Procedure Rules 2005 (NSW), rr 42.19, 42.20 Cases Cited: The Commissioner of the Australian Federal Police v W [2016] NSWSC 683 The Commissioner of the Australian Federal Police v W (No 3) [2016] NSWSC 1200 Texts Cited: Nil Category: Costs Parties: Commissioner of Australian Federal Police (Plaintiff) W (First Defendant) B (Second Defendant) Representation: Counsel: A Moses SC/G O'Mahoney (Plaintiff) No appearance (First and Second Defendants)