R v Alex [2023] NSWSC 1570

R v Alex [2023] NSWSC 1570

The accused's claimed cancellation fees are not reasonably 'costs thrown away' attributable to the Crown, as counsel had adequate notice to seek other work or continue preparing for trial, and there is no material unfairness to the accused in permitting the trial to proceed without the Crown reimbursing those fees.

Jurisdiction
Australia
Judgment Date
14 December 2023
Procedural Posture
Criminal / Interlocutory Application – Notice of Motion for Stay/costs Thrown Away
Outcome
Notice of motion dismissed
Legal Topics
['costs Thrown Away' 'stay of Trial' 'conspiracy – Criminal' 'unfairness – Accused Rights']
['criminal Procedure'] ['costs Thrown Away' 'stay of Trial' 'conspiracy – Criminal' 'unfairness – Accused Rights']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application – Notice of Motion for Stay/costs Thrown Away

Legal Issues

  1. 1 ['Whether the Crown should be required to pay costs thrown away due to the vacated trial date as a precondition to the trial proceeding' "Whether counsel's cancellation fees and costs of preparatory work qualify as 'costs thrown away' reasonably incurred such as to justify a stay of proceedings"]

Ratio Decidendi

The accused's claimed cancellation fees are not reasonably 'costs thrown away' attributable to the Crown, as counsel had adequate notice to seek other work or continue preparing for trial, and there is no material unfairness to the accused in permitting the trial to proceed without the Crown reimbursing those fees.

Court Disposition

Notice of motion dismissed

Orders

  • ["George Alex's notice of motion filed 4 December 2023 is dismissed."]