Mills v The Commissioner of Police, New South Wales Police [2020] NSWSC 277

Mills v The Commissioner of Police, New South Wales Police [2020] NSWSC 277

The Local Court's costs decision was set aside because Aubrey and Reece Mills were denied procedural fairness: the magistrate determined their just and reasonable costs by relying on matters, including the inadequacy of the original hearing estimate and a further general discount, without giving them notice or an opportunity to address those matters. That denial of procedural fairness amounted to jurisdictional error, warranting remitter to the Local Court.

Jurisdiction
Australia
Judgment Date
20 March 2020
Procedural Posture
Judicial Review of Local Court Costs Order / Consent Orders After Hearing on Whether Agreed Orders Should Be Made
Outcome
Local Court decision set aside by consent and proceedings remitted to the Local Court; first defendant to pay the plaintiffs' costs as agreed.
Legal Topics
['order for Payment of Professional Costs Under S 213 Criminal Procedure Act 1986 (nsw)' 'denial of Procedural Fairness' 'jurisdictional Error' 'remitter to Local Court']
['costs' 'procedural Fairness' 'judicial Review' 'criminal Procedure'] ['order for Payment of Professional Costs Under S 213 Criminal Procedure Act 1986 (nsw)' 'denial of Procedural Fairness' 'jurisdictional Error' 'remitter to Local Court']

Case Brief

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Procedural Posture

Judicial Review of Local Court Costs Order / Consent Orders After Hearing on Whether Agreed Orders Should Be Made

Legal Issues

  1. 1 ['Whether the Local Court costs decision should be set aside for denial of procedural fairness.' "Whether the Local Court's reliance on matters not notified to Aubrey and Reece Mills amounted to jurisdictional error." 'Whether the proceedings should be remitted to the Local Court to be determined according to law.']

Ratio Decidendi

The Local Court's costs decision was set aside because Aubrey and Reece Mills were denied procedural fairness: the magistrate determined their just and reasonable costs by relying on matters, including the inadequacy of the original hearing estimate and a further general discount, without giving them notice or an opportunity to address those matters. That denial of procedural fairness amounted to jurisdictional error, warranting remitter to the Local Court.

Court Disposition

Local Court decision set aside by consent and proceedings remitted to the Local Court; first defendant to pay the plaintiffs' costs as agreed.

Orders

  • ["The Local Court's decision of 22 October 2019 be set aside." 'The proceedings be remitted to the Local Court to be determined in accordance with law.' "The Commissioner of Police, New South Wales Police pay Aubrey and Reece Mills' costs as agreed."]