Jones and Anor v Booth and Anor (No. 2) [2019] NSWSC 1121

Supreme Court New South Wales

Medium Neutral Citation: Jones and Anor v Booth and Anor (No. 2) [2019] NSWSC 1121 Hearing dates: On the papers Date of orders: 29 August 2019 Decision date: 29 August 2019 Jurisdiction: Common Law Before: Johnson J Decision: The Plaintiffs are to pay the costs of the First Defendant with respect to these proceedings. Catchwords: COSTS – summons for declaratory relief dismissed – whether no order as to costs appropriate – unsuccessful parties contend they enjoyed some success on issue in proceedings – successful party achieved dismissal on basis foreshadowed in correspondence – costs follow the event – no good reason to depart from general rule – costs awarded Legislation Cited: Civil Procedure Act 2005 Mental Health (Forensic Provisions) Act 1990 Uniform Civil Procedure Rules 2005 Cases Cited: Jones and Anor v Booth and Anor [2019] NSWSC 1066 Texts Cited: --- Category: Costs Parties: Bradley Steven Jones (First Plaintiff) Joseph Perdicaro (Second Plaintiff) Leading Senior Constable Darren Booth (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: Mr MW Smith (Plaintiffs) Ms S Palaniappan (First Defendant)

Solicitors: Hunter Flood Lawyers (Plaintiffs) HWL Ebsworth Lawyers (First Defendant) Local Court of New South Wales (Second Defendant - Submitting Appearance) File Number(s): 2018/286360 Publication restriction: ---