SOLOMONS v DISTRICT COURT OF NEW SOUTH WALES & ORS [2000] NSWCA 99

SOLOMONS v DISTRICT COURT OF NEW SOUTH WALES & ORS [2000] NSWCA 99

The District Court of New South Wales does not have power under the Costs in Criminal Cases Act 1967 (NSW), nor under the Judiciary Act 1903 (Cth), to grant a costs certificate in relation to indictable Commonwealth offences because the Act is limited to State offences, and its costs procedures are not incidental to the trial and conviction jurisdiction vested federally in State courts.

Jurisdiction
Australia
Judgment Date
13 July 2000
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Summons dismissed with costs.
Legal Topics
['costs in Criminal Cases' 'federal Jurisdiction in State Courts' 'application of State Law to Federal Offences' 'powers of District Courts Regarding Costs' 'judiciary Act 1903 (cth), Ss 39, 68, 79' 'certiorari']
['federal Jurisdiction' 'criminal Law'] ['costs in Criminal Cases' 'federal Jurisdiction in State Courts' 'application of State Law to Federal Offences' 'powers of District Courts Regarding Costs' 'judiciary Act 1903 (cth), Ss 39, 68, 79' 'certiorari']

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Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether the District Court of New South Wales had power to grant a certificate under s2 of the Costs in Criminal Cases Act 1967 (NSW) in respect of proceedings on indictment for a Commonwealth offence.' 'Whether State legislation regarding costs could apply to federal prosecutions under the Judiciary Act 1903 (Cth), particularly ss 68 and 79.']

Ratio Decidendi

The District Court of New South Wales does not have power under the Costs in Criminal Cases Act 1967 (NSW), nor under the Judiciary Act 1903 (Cth), to grant a costs certificate in relation to indictable Commonwealth offences because the Act is limited to State offences, and its costs procedures are not incidental to the trial and conviction jurisdiction vested federally in State courts.

Court Disposition

Summons dismissed with costs.

Orders

  • ['Summons dismissed with costs.']