THE TREASURER IN AND FOR THE STATE OF NEW SOUTH WALES v WADE and ANOR; THE TREASURER IN AND FOR THE STATE OF NEW SOUTH WALES v DUKES and ANOR [1994] NSWCA 317

THE TREASURER IN AND FOR THE STATE OF NEW SOUTH WALES v WADE and ANOR; THE TREASURER IN AND FOR THE STATE OF NEW SOUTH WALES v DUKES and ANOR [1994] NSWCA 317

The District Court judge erred by concluding that acquittal and absence of facts proved beyond reasonable doubt necessarily meant that the reasonableness issue could not favour the Crown; this was an incorrect construction of the Costs in Criminal Cases Act 1967, resulting in an error of law warranting prerogative relief.

Parties
Claimant: THE TREASURER IN AND FOR THE STATE OF NEW SOUTH WALES; Opponent: WADE; Opponent: DUKES
Jurisdiction
Australia
Judgment Date
16 June 1994
Procedural Posture
Application for Prerogative Relief (certiorari) / Court of Appeal Decision
Outcome
Orders of District Court quashed; applications returned for rehearing; certificates under Suitors' Fund Act granted to opponents.
Legal Topics
Costs in Criminal Cases, Prerogative Relief, Certificate for Costs, Statutory Construction
Criminal Law Administrative Law Costs in Criminal Cases Prerogative Relief Certificate for Costs Statutory Construction

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Parties

THE TREASURER IN AND FOR THE STATE OF NEW SOUTH WALES

Claimant

WADE

Opponent

DUKES

Opponent

Procedural Posture

Application for Prerogative Relief (certiorari) / Court of Appeal Decision

Legal Issues

  1. 1 Whether the District Court judge erred in granting a costs certificate under the Costs in Criminal Cases Act 1967
  2. 2 Proper construction of the Act concerning facts and reasonableness issues for granting a certificate
  3. 3 Whether denial of conviction necessarily means proceedings should not have been instituted

Ratio Decidendi

The District Court judge erred by concluding that acquittal and absence of facts proved beyond reasonable doubt necessarily meant that the reasonableness issue could not favour the Crown; this was an incorrect construction of the Costs in Criminal Cases Act 1967, resulting in an error of law warranting prerogative relief.

Court Disposition

Orders of District Court quashed; applications returned for rehearing; certificates under Suitors' Fund Act granted to opponents.

Orders

  • Prerogative relief granted and Orders of District Court quashed.
  • Applications returned to the District Court to be dealt with in accordance with law.