Dickens v State of New South Wales (No 4) [2018] NSWSC 666

Supreme Court New South Wales

Medium Neutral Citation: Dickens v State of New South Wales (No 4) [2018] NSWSC 666 Hearing dates: On the papers Decision date: 14 May 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the plaintiff to pay the defendant's costs of the proceedings. (2) Order the plaintiff to pay the defendant's costs in the specified gross sum of $32,000. Catchwords: COSTS – whether costs should be reserved given appeal foreshadowed – application for costs to be paid in a specified gross sum – appropriate in circumstances of the case Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: Hamod v State of New South Wales [2011] NSWCA 375 Penson v Titan National Pty Ltd (No 3) [2015] NSWCA 121 Category: Costs Parties: Mr Dickens (a pseudonym) (Plaintiff) State of New South Wales (First Defendant) Representation: Counsel: Mr Dickens (Plaintiff, in person) E W L Anderson (First Defendant)

Solicitors: Makinson d'Apice Lawyers (First Defendant) File Number(s): 2017/69511 Publication restriction: Nil

Judgment

Introduction 1. On 19 April 2018 I dismissed these proceedings and ordered that, subject to an application for a different order being made, the plaintiff ought pay the defendant's costs of the proceedings: Dickens v State of New South Wales (No 3) [2018] NSWSC 485 at [50]. The plaintiff sought an order that costs be reserved on the basis that he proposed to appeal against my orders. The defendant accepted that costs on the ordinary basis ought follow the event and applied, by notice of motion dated 26 April 2018, for an order that costs be paid in a gross sum pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW) (the Act).