Hamzy v Commissioner of Corrective Services and the State of NSW (No.2) [2020] NSWSC 564

Supreme Court New South Wales

Medium Neutral Citation: Hamzy v Commissioner of Corrective Services and the State of NSW (No.2) [2020] NSWSC 564 Hearing dates: Written Submissions Date of orders: 15 May 2020 Decision date: 15 May 2020 Jurisdiction: Common Law Before: Bellew J Decision: (1) In respect of proceedings 2016/276127, the plaintiff is to pay the defendants' costs as agreed or assessed.

(2) In respect of proceedings 2016/276186, the plaintiff is to pay the defendants' costs as agreed or assessed.

(3) In respect of proceedings 2018/41479, each party is to pay its own costs.

(4) In respect of proceedings 2017/177196, each party is to pay its own costs Catchwords: COSTS – Discretion to award costs – Where two of four sets of proceedings proceeded to contested hearing – Where plaintiff was unsuccessful in that hearing – Whether costs should follow the event – No basis for altering the general rule that the defendants as the successful parties should have an order for costs in their favour – Each party to pay its own costs in other proceedings Legislation Cited: Civil Procedure Act 2005 (NSW) Commonwealth of Australia Constitution Act Crimes (Administration of Sentences) Act 1999 (NSW) Judiciary Act 1903 (Cth) Racial Discrimination Act 1975 (Cth) Cases Cited: Hamzy v Commissioner of Corrective Services and The State of New South Wales [2020] NSWSC 414 Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25 Category: Costs Parties: Bassam Hamzy – Plaintiff Commissioner of Corrective Services – First Defendant State of NSW – Second Defendant Representation: Counsel: M Finnane QC – Plaintiff J Emmett and J Edwards – First and Second Defendants