State of New South Wales v Wheatley (No 2) [2018] NSWSC 324

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Wheatley (No 2) [2018] NSWSC 324 Hearing dates: On the papers Decision date: 15 March 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the defendants to pay the plaintiff's costs of the proceedings.

(2) Order, pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW), that the costs ordered to be paid in order (1) above be paid in the gross sum of $45,000. Catchwords: COSTS – whether costs ought follow the event – whether plaintiff has had substantial success – whether proceedings ought be regarded as public interest litigation – general rule that costs follow the event

COSTS – application for costs to be paid in a gross sum – appropriate procedure – costs sought reasonable – desirable to avoid the cost and delay of assessment Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4) Election Funding and Disclosures Amendment Act 2010 (NSW) Election Funding, Expenditure and Disclosures Act 1981 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Category: Costs Parties: State of New South Wales (Plaintiff) Peter Wheatley (First Defendant) Liberal Party of Australia New South Wales Division (ABN 68 324 857 904) (Second Defendant) Representation: Counsel: NJ Williams SC/JS Emmett (Plaintiff) A Moses SC/P Sharp (Defendants)

Solicitors: Crown Solicitor's Office (Plaintiff) Harpur Phillips (Defendants) File Number(s): 2017/67594