FEDERAL CIRCUIT COURT OF AUSTRALIA
| COMMISSIONER OF POLICE, NEW SOUTH WALES POLICE FORCE v RITSON (No.3) | [2020] FCCA 3512 |
| Catchwords: COSTS – No matter of principle. |
| Applicant: | COMMISSIONER OF POLICE, NEW SOUTH WALES POLICE FORCE |
| Respondent: | BRENDAN RITSON |
| File Number: | SYG 2114 of 2019 |
| Judgment of: | Judge Cameron |
| Hearing date: | 7 July 2020 |
| Date of Last Submission: | 7 July 2020 |
| Delivered at: | Sydney |
| Delivered on: | 7 July 2020 |
REPRESENTATION
| Counsel for the Applicant: | Mr D. F. Elliott of counsel |
| Solicitors for the Applicant: | Coleman Greig |
| The Respondent appeared in person |
ORDERS
The respondent’s interim application be dismissed.
The respondent pay the applicant’s costs of and incidental to his interim application filed 18 February 2020, such costs to be agreed or assessed.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYG 2114 of 2019
| COMMISSIONER OF POLICE, NEW SOUTH WALES POLICE FORCE |
Applicant
And
| BRENDAN RITSON |
Respondent
REASONS FOR JUDGMENT
In the circumstances it is appropriate that costs follow the event. I hear what Mr Ritson says about wanting to consider his position, but the situation is really quite clear in that he has brought an interim application on which he has been unsuccessful, and there seems to me to be no reason why the Commissioner should not be compensated for the costs to which he has been put in that regard.
Nobody is in a position to identify what the appropriate quantum of costs would be. That will be a matter for negotiation between the parties and, if they cannot agree, then they can come back to me.
Consequently, the further order will be that the respondent pay the applicant’s costs of and incidental to his interim application filed 18 February 2020, those costs to be agreed or assessed.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Cameron
Associate:
Date: 22 December 2020
- AGLC
- Commissioner of Police, New South Wales Police Force v Ritson (No.3) [2020] FCCA 3512
- Case
- [2020] FCCA 3512
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the applicant, the Commissioner of Police (NSW), should be ordered to pay the respondent's costs, despite the general rule that costs follow the event. The Court was required to determine if there were any exceptional circumstances justifying a departure from this rule, particularly in light of the nature of the proceedings and the conduct of the parties.
Judge Cameron considered the principles governing the award of costs, noting that while costs typically follow the event, courts retain a discretion to depart from this principle where justice requires. The Judge found that the matter did not raise any significant question of principle that would warrant a departure from the usual order. Consequently, the Court determined that the Commissioner of Police (NSW) should pay the respondent's costs of the application.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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