Bell v State of New South Wales (Costs)

Medium Neutral Citation: Bell v State of New South Wales (Costs) [2026] NSWSC 988

Hearing dates: On the papers

Date of orders: 18 August 2026

Decision date: 18 August 2026

Jurisdiction: Common Law

Before: Sirtes J

Decision: (1) The Plaintiff is to pay the Defendant’s costs.

Catchwords: COSTS – usual rule that costs follow the event – no question of principle

Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.1

Cases Cited: Bell v State of New South Wales [2026] NSWSC 855

Category: Costs

Parties: Daniel Steven Bell (Plaintiff)
State of New South Wales (Defendant)

Representation: Counsel:
BJ Dean (Defendant)
Solicitors:
Crown Solicitor’s Office (Defendant)
Plaintiff (self-represented)

File Number(s): 2026/00046214

JUDGMENT

1. I summarily dismissed these proceedings on 20 July 2026: Bell v State of New South Wales [2026] NSWSC 855.

2. The Defendant sought to be heard on the question of costs. I accordingly made orders for the parties to file written submissions and evidence in respect of that question so that it could be determined on the papers. The Defendant filed short written submissions and an affidavit of Elizabeth Chapman, solicitor, sworn on 24 July 2026. The Plaintiff has elected not to file any material.

3. Ms Chapman’s affidavit discloses that the Defendant made an offer to the Plaintiff that he discontinue the proceedings with no order as to costs. The Plaintiff initially accepted that offer but then reneged.