Commissioner of Police (NSW) v Ritson (No.3)

[2020] FCCA 3512

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

1. The respondent’s interim application be dismissed.

2. 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

1. 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.

2. 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.

3. 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