Mantel v Anstee and Anor. [2001] NSWLEC 202

Mantel v Anstee and Anor. [2001] NSWLEC 202

The power to order costs is enlivened by the dismissal (not withdrawal) of charges. While defendants as successful parties have an ordinary expectation of a costs order, some of their own conduct (seeking irrelevant particulars and late notification of their defence) caused unnecessary costs. Accordingly, costs orders are limited to reasonable costs up to entry of not guilty pleas and exclude costs related to particulars requests.

Jurisdiction
Australia
Judgment Date
31 August 2001
Procedural Posture
Class 5 Criminal Prosecution (environmental Offence) / Application to Withdraw Prosecutions and Applications for Costs Following Withdrawal
Outcome
Summonses dismissed following Prosecutor offering no evidence. Defendants awarded limited costs.
Legal Topics
['withdrawal of Criminal Charges' 'discretion on Costs' 'statutory Limitations Period' 'disentitling Conduct and Costs Orders']
['environmental Law' 'criminal Procedure' 'costs'] ['withdrawal of Criminal Charges' 'discretion on Costs' 'statutory Limitations Period' 'disentitling Conduct and Costs Orders']

Case Brief

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Procedural Posture

Class 5 Criminal Prosecution (environmental Offence) / Application to Withdraw Prosecutions and Applications for Costs Following Withdrawal

Legal Issues

  1. 1 ['Whether leave should be granted to withdraw the charges against the defendants' 'Whether defendants are entitled to an order for costs upon dismissal of the charges' 'Whether any conduct of the defendants disentitles them to a full or partial costs order']

Ratio Decidendi

The power to order costs is enlivened by the dismissal (not withdrawal) of charges. While defendants as successful parties have an ordinary expectation of a costs order, some of their own conduct (seeking irrelevant particulars and late notification of their defence) caused unnecessary costs. Accordingly, costs orders are limited to reasonable costs up to entry of not guilty pleas and exclude costs related to particulars requests.

Court Disposition

Summonses dismissed following Prosecutor offering no evidence. Defendants awarded limited costs.

Orders

  • ['Each summons is dismissed in consequence of the Prosecutor offering no evidence.' "The Prosecutor is to pay each Defendant's costs in the proceedings, limited to costs incurred up to the entry on 20 April 2001 of the plea of not guilty, excluding all costs incurred in the Defendants' Solicitors seeking...