KRUSE v COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS & ORS [2001] NSWCA 59

KRUSE v COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS & ORS [2001] NSWCA 59

For the purposes of the Costs in Criminal Cases Act 1967, s29(2) of the Corporations (NSW) Act 1990 required the offence under the Corporations Law of New South Wales for which the claimant was acquitted to be taken as an offence against the laws of the Commonwealth and not against the laws of New South Wales. Proceedings seeking a certificate under the Costs Act related to the offence and to the claimant's trial within ss28 and 29. Because Solomons established that the Costs Act applies only to State offences, the District Court had no power to grant the certificate.

Jurisdiction
Australia
Judgment Date
27 March 2001
Procedural Posture
Application for Relief in the Nature of Certiorari to Quash Refusal of a Certificate Under S2 of the Costs in Criminal Cases Act 1967 / Court of Appeal Application
Outcome
Application dismissed with costs.
Legal Topics
['costs Certificate After Acquittal' 'offences Under the Corporations Law of New South Wales' 'whether Offence Is to Be Treated as Commonwealth or New South Wales Offence' 'effect of S29(2) of the Corporations (nsw) Act 1990' 'accrued Statutory Rights']
['criminal Law' 'costs' 'corporations Law' 'statutory Interpretation'] ['costs Certificate After Acquittal' 'offences Under the Corporations Law of New South Wales' 'whether Offence Is to Be Treated as Commonwealth or New South Wales Offence' 'effect of S29(2) of the Corporations (nsw) Act 1990' 'accrued Statutory Rights']

Case Brief

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Procedural Posture

Application for Relief in the Nature of Certiorari to Quash Refusal of a Certificate Under S2 of the Costs in Criminal Cases Act 1967 / Court of Appeal Application

Legal Issues

  1. 1 ['Whether the District Court had power under s2 of the Costs in Criminal Cases Act 1967 to grant a costs certificate after the claimant was acquitted of an offence under the Corporations Law of New South Wales.' 'Whether s29(2) of the Corporations (NSW) Act 1990 required the offence to be taken, for the purposes of the Costs in Criminal Cases Act 1967, as an offence against the laws of the Commonwealth and not against the laws of New South Wales.' 'Whether the claimant had an existing or accrued right under the Costs in Criminal Cases Act 1967 which should not be diminished by construction of the Corporations (NSW) Act 1990.' 'Whether proceedings for a certificate under the Costs in Criminal Cases Act 1967 related to the trial or offence for the purposes of ss28 and 29 of the Corporations (NSW) Act 1990.']

Ratio Decidendi

For the purposes of the Costs in Criminal Cases Act 1967, s29(2) of the Corporations (NSW) Act 1990 required the offence under the Corporations Law of New South Wales for which the claimant was acquitted to be taken as an offence against the laws of the Commonwealth and not against the laws of New South Wales. Proceedings seeking a certificate under the Costs Act related to the offence and to the claimant's trial within ss28 and 29. Because Solomons established that the Costs Act applies only to State offences, the District Court had no power to grant the certificate.

Court Disposition

Application dismissed with costs.

Orders

  • ['Application dismissed with costs.']