Lewin v Racing NSW ABN 86281604417 (No 2) [2018] NSWSC 470

Supreme Court New South Wales

Medium Neutral Citation: Lewin v Racing NSW ABN 86281604417 (No 2) [2018] NSWSC 470 Hearing dates: Written Submissions Date of orders: 19 April 2018 Decision date: 19 April 2018 Jurisdiction: Common Law Before: Rothman J Decision: (1) Vacate Order 2 issued by the Court on 6 March 2018;

(2) The plaintiff shall pay costs thrown away by the first, third and fourth defendants relating to the prayers for relief contained in prayers [2], [3], [4] and [6] of the Summons and/or Amended Summons filed in the proceedings;

(3) The plaintiff pay the defendants' costs of the hearing on 14 December 2017;

(4) Otherwise, the first, third and fourth defendants pay the plaintiff's costs of and incidental to the proceedings. Catchwords: COSTS – ordinary rule that costs followed the event displaced by abandonment of grounds. Legislation Cited: Civil Procedure Act 2005, ss 56, 98 Racing Tribunal Regulations 2015, reg 5(2) Supreme Court Act, ss 69, 75 Uniform Civil Procedure Rules 2005 ("UCPR"), Pt 42 Cases Cited: Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Ohn v Walton (1995) 36 NSWLR 77 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Yazgi v Permanent Custodians Pty (No 2) [2007] NSWCA 306 Category: Costs Parties: Leo Lewin (Plaintiff) Racing NSW ABN 86281604417 (First Defendant) Minister for Racing for the State of New South Wales (Second Defendant) State of New South Wales (Third Defendant) Representation: Counsel: M Pesman (Plaintiff) P Braham SC/D Birch (First Defendant) J Emmett (Second Defendant)