FD v State of New South Wales

The case of FD v State of New South Wales involved a plaintiff who brought a claim against the State of New South Wales. The plaintiff's case was extremely difficult, involving complex issues and a significant amount of evidence. Despite some errors made by the plaintiff's solicitor, the circumstances did not warrant any costs orders being made against the solicitor personally. The court was tasked with determining whether it was appropriate to make an order that the State pay the Centre's costs of defending the plaintiff's claim.

The court considered whether the plaintiff's case was so unmeritorious that it warranted an order that the State pay the Centre's costs of defending the claim. The court also considered the mistakes made by the plaintiff's solicitor and whether these warranted any costs orders being made against the solicitor personally. The court needed to balance the need to protect the public purse with the need to ensure that litigants were not penalised for the mistakes of their legal representatives.

The court found that the plaintiff's case was extremely difficult and that the circumstances did not warrant any costs orders being made against the plaintiff's solicitor personally. The court also found that the State should not be ordered to pay the Centre's costs of defending the plaintiff's claim. The court noted that the plaintiff's case was not so unmeritorious that it warranted such an order, and that there were other factors that needed to be taken into account, such as the public interest in ensuring that victims of crime are able to bring claims without fear of penalty. The court ultimately concluded that it was not appropriate to make an order that the State pay the Centre's costs of defending the plaintiff's claim.