Herbert v New South Wales Land and Housing Corporation (No 2) [2020] NSWSC 91

Supreme Court New South Wales

Medium Neutral Citation: Herbert v New South Wales Land and Housing Corporation (No 2) [2020] NSWSC 91 Hearing dates: 18 February 2020 Decision date: 18 February 2020 Jurisdiction: Common Law Before: Adamson J Decision: The plaintiff to pay the first defendant's costs of the proceedings. Catchwords: COSTS — Party/Party — General rule that costs follow the event – whether any reason to depart from the general rule – appeal not a reason to defer making costs order – no disentitling conduct made out Legislation Cited: Civil Procedure Regulation 2017 (NSW), cl 12 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Herbert v New South Wales Land and Housing Corporation [2019] NSWSC 1703 Category: Costs Parties: Stephen Noel Herbert (Plaintiff) New South Wales Land and Housing Corporation (First defendant) New South Wales Civil and Administrative Tribunal (Second defendant) Representation: Counsel: Plaintiff (in person) N Simpson (First defendant)

Solicitors: New South Wales Land and Housing Corporation (First defendant) File Number(s): 2019/240755

Judgment

Introduction 1. I made orders and delivered reasons in this matter on 2 December 2019: Herbert v New South Wales Land and Housing Corporation [2019] NSWSC 1703 (the principal decision). My orders included an order that the appeal be dismissed and an order that costs be reserved. Stephen Herbert (the plaintiff) submitted that there ought be no order as to costs. New South Wales Land and Housing Corporation (the first defendant) submitted that there was no reason to depart from the usual rule that costs follow the event (Uniform Civil Procedure Rules 2005 (NSW), r 42.1) and that, accordingly, the plaintiff ought be ordered to pay its costs as the first defendant was the successful party.