Smith v New South Wales Crime Commission (No 3)

The case involved Smith, the plaintiff, and the New South Wales Crime Commission, the defendant. The dispute centred on the costs of a motion made by Smith against the Commission, specifically regarding whether Smith was entitled to indemnity costs from the Commission. Smith argued that the Commission should bear the costs of the motion due to the nature of the proceedings, while the Commission contended that Smith should bear his own costs. The matter was heard in the Supreme Court of New South Wales.

The legal issues before the court included whether the circumstances of the case warranted a departure from the usual order that each party bear their own costs and whether Smith was entitled to indemnity costs from the Commission. The court needed to assess the merits of both parties' claims and determine if any exceptional circumstances existed that would justify an order for indemnity costs.

In delivering the judgment, the court found that there were no exceptional circumstances that would justify a departure from the usual order that each party bear their own costs. The court emphasised that indemnity costs were not awarded as a matter of course and required clear justification. Given that the usual order was appropriate in this case, the court made the order that each party bear their own costs.

No additional orders were made by the court beyond the usual order for each party to bear their own costs. The decision underscores the importance of demonstrating exceptional circumstances to warrant an order for indemnity costs in proceedings before the Supreme Court of New South Wales.