Chelliah v NSW Police (No.2) [2018] NSWSC 1564

Supreme Court New South Wales

Medium Neutral Citation: Chelliah v NSW Police (No.2) [2018] NSWSC 1564 Hearing dates: On the papers Date of orders: 19 October 2018 Decision date: 19 October 2018 Jurisdiction: Common Law Before: Garling J Decision: (1) The plaintiff to pay the costs of the second defendant on an ordinary basis up to and including 22 February 2018. (2) The plaintiff to pay the costs of the second defendant on an indemnity basis from 23 February 2018. (3) The plaintiff is to pay the second defendant's costs of and associated with the Notice of Motion filed on 25 May 2018. Catchwords: COSTS — party/party — bases of quantification — costs on an ordinary basis up to and including date of valid offer of compromise — costs on an indemnity basis after that date — no point of principle Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Chelliah v NSW Police [2018] NSWSC 557 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Charles Chelliah (P) New South Wales Police (D1) Cheryl Hall (D2) Representation: Counsel: C P Carter (P) Submitting Appearance (D1) H Altan (D2)

Solicitors: Vaikom Law (P) HWL Ebsworth (D1) (Submitting) Eddelbuttel Law (D2) File Number(s): 2017/235315 Publication restriction: Not Applicable

Judgment 1. On 14 May 2018, for the reasons there expressed, I dismissed the proceedings brought by the plaintiff on a Further Amended Summons filed 14 December 2017: Chelliah v NSW Police [2018] NSWSC 557 ("the first judgment"). 2. I ordered the plaintiff to pay the first and second defendant's costs of the proceedings. At the time judgment was delivered, counsel for the second defendant indicated that the second defendant wished to make a further application for costs. 3. Directions were made with respect to the making and determination on the papers of such an application, including that the plaintiff provide the Court with any submissions by 12 June 2018.