Searle v Commonwealth of Australia [2019] NSWCA 127

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Searle v Commonwealth of Australia [2019] NSWCA 127 Hearing dates: 29, 30 April, 1 May 2019 Date of orders: 31 May 2019 Decision date: 31 May 2019 Before: Bathurst CJ at [1]; Bell P at [8]; Basten JA at [246] Decision: In matter No 2018/227274:

(1) Grant the applicant William Clayton Searle leave to appeal. (2) In relation to the applicant's motion to adduce further evidence: (a) refuse the motion; and (b) order that the applicant pay the Commonwealth's costs of the motion. (3) Allow the appeal. (4) Set aside the order of Fagan J dismissing the plaintiff's claim. (5) Set aside the order of Fagan J ordering that Galactic Litigation Partners LLC pay the Commonwealth's costs of the proceedings at first instance including the costs of the Commonwealth's notice of motion filed on 5 October 2018. (6) Order judgment for Mr Searle in the amount of $60,000 with effect from 3 July 2018, plus interest from that date pursuant to s 100 of the Civil Procedure Act 2005 (NSW). (7) Order that the Commonwealth pay Mr Searle's costs of the proceedings at first instance. (8) Order that the Commonwealth pay 70% of Mr Searle's costs of the appeal. (9) Remit the matter to the Common Law Division for the determination of the claims of other group members and the resolution of common questions between claims of all group members.