Storey v Commissioner of the New South Wales Police Force (No 3)

In the case of Storey v Commissioner of the New South Wales Police Force (No 3), the dispute involved the principles and bases of quantification of gross sum costs orders. The plaintiff, Storey, sought costs in relation to legal proceedings against the Commissioner of the New South Wales Police Force. The court had to determine the appropriate amount of costs and the relevant factors influencing the court's discretion in quantifying these costs. Additionally, the case considered the issue of suppression and non-publication orders in the context of the proper administration of justice, specifically whether the disclosure of solicitors' hourly rates was necessary. The defendants argued that such disclosure could be commercially sensitive, particularly in the context of an ongoing tender process for inclusion on a legal services panel.

The legal issues before the court included the proper application of the principles governing gross sum costs orders and the factors that the court should consider when determining the appropriate amount of costs. The court also had to assess whether suppression and non-publication orders were necessary to protect the confidentiality of solicitors' hourly rates, given the commercial sensitivity of such information in the context of a tender process. The court's decision hinged on balancing the public interest in transparency and the administration of justice with the commercial sensitivity of the information at issue.

The court held that the quantification of gross sum costs orders should be based on a comprehensive assessment of all relevant factors, including the nature and complexity of the case, the skill and experience of the legal practitioners involved, and the overall outcome achieved. The court recognised that the disclosure of solicitors' hourly rates could be commercially sensitive, particularly in the context of an ongoing tender process. Therefore, the court deemed it appropriate to maintain a suppression order until the tender process was completed. The decision underscored the importance of protecting commercially sensitive information while also ensuring the proper administration of justice.

The final orders of the court included a determination of the appropriate amount of gross sum costs to be awarded to the plaintiff, based on the factors outlined in the decision. The court also maintained the suppression and non-publication orders regarding the solicitors' hourly rates until the completion of the tender process. This decision provided clarity on the quantification of costs in gross sum costs orders and the circumstances under which suppression orders may be appropriate to protect commercially sensitive information.