State of NSW v Guider (No 3) [2020] NSWSC 209

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v Guider (No 3) [2020] NSWSC 209 Hearing dates: 09 March 2020 Decision date: 09 March 2020 Jurisdiction: Common Law Before: Button J Decision: (1) The plaintiff must pay the costs of the defendant of the proceedings pertaining to the final hearing including the costs of today. Catchwords: HIGH RISK OFFENDER – continuing detention order sought by the plaintiff refused – extended supervision order of 5 years imposed – extended supervision order not opposed by defendant – position of defendant communicated to plaintiff before final hearing – question of costs in those circumstances – plaintiff to pay costs of the defendant relating to the final hearing Legislation Cited: High Risk Offenders Act 2006 (NSW) ss 21, 23 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: State of NSW v Guider [2019] NSWSC 646 State of NSW v Guider (No 2) [2019] NSWSC 1145 Category: Costs Parties: M Guider (Defendant) State of NSW (Plaintiff) Representation: Counsel: G Lewer (Defendant) D Kell SC & J Davidson (Plaintiff)

Solicitors: O'Brien Solicitors (Defendant) Crown Solicitor's Office (Plaintiff) File Number(s): 2019/53538

revised ex tempore Judgment

Introduction 1. This is a dispute about costs after the conduct of proceedings pursuant to the High Risk Offenders Act 2006 (NSW) (the Act).

Background 1. In a nutshell: what was sought in the substantive proceedings by the State as plaintiff was a continuing detention order (a CDO). What I ended up imposing at the conclusion of the final hearing was an extended supervision order (an ESO): see State of NSW v Guider (No 2) [2019] NSWSC 1145. Some months beforehand, after a preliminary hearing, I had imposed an interim detention order (an IDO): see State of NSW v Guider [2019] NSWSC 646.