State of New South Wales v Beck; Commissioner of Police v Beck [2017] NSWSC 703

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Beck; Commissioner of Police v Beck [2017] NSWSC 703 Hearing dates: 23 May 2017 Date of orders: 06 June 2017 Decision date: 06 June 2017 Jurisdiction: Common Law Before: Campbell J Decision: (1) In matter number 2008/00289793, pursuant to section 98(4) Civil Procedure Act 2005 (NSW), the plaintiff is to pay the costs of the Commissioner of Police in the specified gross sum of $148,500;

(2) In matter number 2008/00289568, pursuant to section 98(4), the plaintiff is to pay the costs of the State of New South Wales in the specified gross sum of $261,000.

(3) In each matter, the plaintiff is to pay the costs of and incidental to the defendants' Notices of Motion filed 16 December 2016. Catchwords: COSTS – discretion to award costs – specified gross sum costs in lieu of assessed costs – where plaintiff impecunious – where little prospects of meaningful engagement in formal costs assessment – consideration of appropriate reduction to be applied to specified gross sum costs Legislation Cited: Civil Procedure Act 2005 (NSW) Police Act 1990 (NSW). Summary Offences Act 1988 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Beck v State of New South Wales; Beck v Commissioner of Police New South Wales [2012] NSWSC 1483 Harrison & Anor v Schipp [2002] NSWCA 213; 54 NSWLR 738 Hamod v State of New South Wales (No 13) [2009] NSWSC 756 Hamod v State of New South Wales [2011] NSWCA 375 Kostov v Zhang (No 2) [2016] NSWCA 279 State of New South Wales v Beck; Commissioner of Police v Beck [2013] NSWCA 437 Stokes (by a tutor) v McCourt [2013] NSWSC 1014 Young v Jackman (1986) 7 NSWLR 97 Category: Costs Parties: State of New South Wales (Defendant/Applicant) Commissioner of Police (Defendant/Applicant) Mr A Beck (Plaintiff/Respondent) in person Representation: Counsel: