AB v Constable Joshua Hedges & Anor [2013] NSWSC 814

AB v Constable Joshua Hedges & Anor [2013] NSWSC 814

The consent order for costs made in chambers was a nullity because it was made without the parties being heard, amounting to a denial of natural justice. Further, consent of a public prosecutor does not displace the statutory grounds or the court’s discretion under the Criminal Procedure Act. The magistrate did not err in setting aside the consent order, and judicial review is dismissed.

Jurisdiction
Australia
Judgment Date
21 June 2013
Procedural Posture
Judicial Review and Claim for Damages (contract) / Judgment on Judicial Review Application and Directions on Contract Claim
Outcome
Application for judicial review dismissed. Directions to be made on the contract claim.
Legal Topics
['costs Against Public Prosecutor' 'judicial Review' 'consent Orders' 'contract Settlement in Court Proceedings' 'procedural Fairness/natural Justice']
['criminal Law' 'civil Procedure' 'costs'] ['costs Against Public Prosecutor' 'judicial Review' 'consent Orders' 'contract Settlement in Court Proceedings' 'procedural Fairness/natural Justice']

Case Brief

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Procedural Posture

Judicial Review and Claim for Damages (contract) / Judgment on Judicial Review Application and Directions on Contract Claim

Legal Issues

  1. 1 ['Whether a consent order for costs against a public prosecutor can be validly set aside on grounds of denial of natural justice' 'Whether the magistrate erred in setting aside a consent order for costs' 'Whether a consent order for costs against a public prosecutor is determinative under Criminal Procedure Act ss 213, 214' 'Whether contractual damages may be claimed for repudiation of consent to court order']

Ratio Decidendi

The consent order for costs made in chambers was a nullity because it was made without the parties being heard, amounting to a denial of natural justice. Further, consent of a public prosecutor does not displace the statutory grounds or the court’s discretion under the Criminal Procedure Act. The magistrate did not err in setting aside the consent order, and judicial review is dismissed.

Court Disposition

Application for judicial review dismissed. Directions to be made on the contract claim.

Orders

  • ['Judicial review application dismissed' 'Directions to be given on further conduct regarding the contract claim' 'Issue of costs reserved for further submissions']