The Court held that where a preliminary hearing under the Terrorism (High Risk Offenders) Act 2017 (NSW) produces a mixed outcome — the State's application for an interim supervision order being refused but expert appointments being ordered — a broad-brush apportionment of 50% of the defendant's costs was appropriate. The Court further held that costs should be payable forthwith rather than at the conclusion of proceedings, reasoning that s 55 of the Act (which prohibits costs orders against eligible offenders) eliminated any risk of multiple costs assessments, and that the costs of litigating the unsuccessful jurisdictional issue were effectively thrown away due to the State's precipitous application.
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