BP v State of New South Wales (No 2) [2019] NSWCA 230

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: BP v State of New South Wales (No 2) [2019] NSWCA 230 Hearing dates: On the papers Date of orders: 20 September 2019 Decision date: 20 September 2019 Before: Meagher JA; Payne JA; McCallum JA Decision: No order as to costs Catchwords: COSTS – appeal – appeal determined without a determination on the merits – further prosecution of the appeal had become futile – both parties acted reasonably – no order as to costs Cases Cited: BP v State of New South Wales [2019] NSWCA 223 Hunter Development Corporation v Save Our Rail NSW Incorporated (No 2) (2016) 93 NSWLR 704; [2016] NSWCA 375 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Category: Costs Parties: BP (Appellant) State of New South Wales (Respondent) Representation: Counsel: S Prince SC / F Graham (Appellant) K Richardson SC / S Dametto (Respondent)

Solicitors: Legal Aid NSW (Appellant) Crown Solicitor's Office (Respondent) File Number(s): 2019/00239133 Publication restriction: The appellant is to be referred to as "BP" pursuant to s 8(1)(c) of the Court Suppression and Non-publication Orders Act 2010 (NSW). Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2019] NSWSC 699 [2019] NSWSC 806 Date of Decision: 14 June 2019 28 June 2019 Before: Wright J File Number(s): 2019/00149123