NSW Electoral Commission v Gallion

This case was brought by the NSW Electoral Commission against Gallion. The Commission sought to enforce a penalty for electoral fraud against Gallion, but the proceedings were settled before a decision could be made. The parties agreed to orders that would dispose of the proceedings, but they could not agree on the costs. The Commission sought its costs from Gallion, claiming that Gallion capitulated and that the Commission was almost certain to succeed. Gallion argued that the proceedings were not settled because of his capitulation, and that the Commission was not entitled to costs.

The court was required to decide whether the plaintiff was entitled to its costs as the prevailing party in the proceedings, and whether the defendant had capitulated or otherwise acted in a way that entitled the plaintiff to its costs. The court also had to consider whether the plaintiff was almost certain to succeed before the proceedings were settled. The court found that the parties had reached an agreement to settle the proceedings, and that this was not due to the defendant's capitulation. The court also found that the plaintiff was not almost certain to succeed at the time the proceedings were settled. The court held that the plaintiff was not entitled to its costs, as the settlement did not result from the defendant's capitulation or any other conduct on the part of the defendant that would entitle the plaintiff to its costs.

The court ordered that the plaintiff's application for costs be dismissed. The court found that the settlement of the proceedings was not due to any conduct on the part of the defendant, and that the plaintiff was not almost certain to succeed at the time the proceedings were settled. The court held that the plaintiff was not entitled to its costs, and that the defendant was not liable to pay the plaintiff's costs of the proceedings.