Saffron v Licensing Court of NSW & Anor [2004] NSWSC 570

Saffron v Licensing Court of NSW & Anor [2004] NSWSC 570

The appropriate course is for the question of the costs of the proceedings in the Licensing Court to be remitted to that court, as the Licensing Court is best positioned to determine both procedural and merit issues regarding costs, and this ensures the Licensing Court's own procedures are applied first before any appellate review.

Jurisdiction
Australia
Judgment Date
30 June 2004
Procedural Posture
Judicial Review / Appeal / Determination of Costs After Appeal Dismissed by Consent
Outcome
Proceedings remitted to the Licensing Court of New South Wales for determination of the question of the costs of the proceedings in that court. The second defendant to pay the costs of the plaintiff in the proceedings in this court incurred after 25 March 2004.
Legal Topics
['costs' 'licensing Proceedings' 'appeals']
['civil Procedure' 'administrative Law'] ['costs' 'licensing Proceedings' 'appeals']

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Procedural Posture

Judicial Review / Appeal / Determination of Costs After Appeal Dismissed by Consent

Legal Issues

  1. 1 ['Whether to remit the question of the costs of the proceedings in the Licensing Court to that court for determination' 'Whether either party is entitled to an order as to costs relating to the original Licensing Court proceedings']

Ratio Decidendi

The appropriate course is for the question of the costs of the proceedings in the Licensing Court to be remitted to that court, as the Licensing Court is best positioned to determine both procedural and merit issues regarding costs, and this ensures the Licensing Court's own procedures are applied first before any appellate review.

Court Disposition

Proceedings remitted to the Licensing Court of New South Wales for determination of the question of the costs of the proceedings in that court. The second defendant to pay the costs of the plaintiff in the proceedings in this court incurred after 25 March 2004.

Orders

  • ['Proceedings remitted to the Licensing Court of New South Wales for determination of the question of the costs of the proceedings in that court.' 'The second defendant to pay the costs of the plaintiff in the proceedings in this court incurred after 25 March 2004.']