[2024] NSWSC 1017

Trevor-Jones v Harness Racing New South Wales (No 2)

(1) The plaintiff is to pay the first defendant’s costs of and incidental to the proceedings.

Catchwords

COSTS – whether costs should follow the event in the absence of submissions to the contrary – no point of principle

[1]
On 19 July 2024, judgment in this matter was handed down, Trevor-Jones v Harness Racing New South Wales [2024] NSWSC 876. The orders made on that date were as follows:
[2]
Orders 3(a), (b), (c) and (d) in relation to costs were made because the plaintiffs in their written submissions in the substantive proceedings sought the opportunity to be heard on the question of costs in the event that they were unsuccessful but no specific reasons were identified as to why costs should not follow the event.
[3]
From my review of the file and from the information provided by the first defendant’s solicitors in an email to my Associate which was copied to the solicitors for the plaintiffs, I was satisfied that the plaintiffs did not file and serve any evidence or written submissions on or before 26 July 2024 in relation to the question of costs. Nor did it appear that any evidence or submissions was filed on behalf of the plaintiffs after 26 July 2024, assuming leave to do so would be granted.
[4]
I observed at [135] of the substantive judgment that:
[5]
The plaintiffs were given an opportunity to file evidence and make submissions concerning why costs should not follow the event, but have apparently chosen not to take up that opportunity.
[6]
In all the circumstances, it appears to me that costs should follow the event.
[7]
For these reasons, the order of the Court is:
1. (1)
  The plaintiffs are to pay the first defendant’s costs of and incidental to the proceedings.