Clarke v South East Sydney Local Health District (No 2) [2018] NSWSC 357

Supreme Court New South Wales

Medium Neutral Citation: Clarke v South East Sydney Local Health District (No 2) [2018] NSWSC 357 Hearing dates: On the papers Date of orders: 21 March 2018 Decision date: 21 March 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the plaintiff to pay the defendants' 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 (1) above be paid in the gross sum of $10,000. Catchwords: COSTS – gross sum costs order appropriate – defendants substantially discounted costs against litigant in person – order made Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Clarke v South East Sydney Local Health District [2018] NSWSC 66 Category: Costs Parties: Sharmain Daisy Clarke (Plaintiff) South East Sydney Local Health District (First Defendant) Julie Herrick (Second Defendant) Representation: Counsel: Plaintiff in person L Doust (Defendants)

Solicitors: Hicksons (Defendants) File Number(s): 2017/101668

Judgment

Introduction 1. On 6 February 2018 I made orders and published reasons for my decision to strike out the plaintiff's statement of claim and dismiss the whole of the proceedings: Clarke v South East Sydney Local Health District (No 2) [2018] NSWSC 66. I made directions regarding applications for costs. 2. The defendants have sought orders that the plaintiff pay their costs and that the costs be paid in the gross sum of $10,000. The plaintiff contended that there should be no order as to costs.