Cunneen v Independent Commission Against Corruption

The case of *Cunneen v Independent Commission Against Corruption* concerned an appeal to the Court of Appeal of New South Wales regarding an application for costs. The Independent Commission Against Corruption (ICAC) had sought to recover its costs from the plaintiffs in proceedings before the Common Law Division of the Supreme Court, and also sought to recover its costs of an application in the Court of Appeal.

The central legal issue before the Court of Appeal was whether there should be a departure from the general rule that costs follow the event, specifically in relation to the costs incurred by the ICAC in the proceedings below and in the appeal.

The Court of Appeal determined that the general rule should apply. The reasoning involved an assessment of the circumstances of the proceedings and the application for costs. The Court ordered that the ICAC pay the plaintiffs' costs of the proceedings in the Common Law Division, and also pay the appellants' costs in the Court of Appeal, including the costs of the application before that court.