ASIC v Farley & Anor [2001] NSWSC 326

ASIC v Farley & Anor [2001] NSWSC 326

The magistrate erred in law and fell into jurisdictional error in awarding costs under s 81(4)(d) of the Justices Act based on exceptional circumstances which did not relate to the conduct of the criminal proceedings. The criteria for awarding costs under s 81(4)(d) require that exceptional circumstances concern the manner of prosecution. Relief in the nature of certiorari is appropriate under Supreme Court Act s 69.

Jurisdiction
Australia
Judgment Date
01 May 2001
Procedural Posture
Application for Certiorari / Judgment in Supreme Court, Review of Local Court Costs Order
Outcome
Certiorari granted; Local Court costs order quashed; matter remitted for decision according to law.
Legal Topics
['certiorari' 'costs in Criminal Proceedings' 'jurisdictional Error' 'error of Law' 'market Manipulation']
['criminal Law' 'administrative Law' 'corporations Law' 'civil Procedure'] ['certiorari' 'costs in Criminal Proceedings' 'jurisdictional Error' 'error of Law' 'market Manipulation']

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Procedural Posture

Application for Certiorari / Judgment in Supreme Court, Review of Local Court Costs Order

Legal Issues

  1. 1 ['Whether certiorari should be granted to quash Local Court costs order' 'Whether certiorari is available for any error of law or only jurisdictional error' 'Whether error of law or jurisdictional error occurred in awarding costs under s 81(4)(d) Justices Act' 'Whether exceptional circumstances under s 81(4)(d) relate to conduct of criminal proceedings']

Ratio Decidendi

The magistrate erred in law and fell into jurisdictional error in awarding costs under s 81(4)(d) of the Justices Act based on exceptional circumstances which did not relate to the conduct of the criminal proceedings. The criteria for awarding costs under s 81(4)(d) require that exceptional circumstances concern the manner of prosecution. Relief in the nature of certiorari is appropriate under Supreme Court Act s 69.

Court Disposition

Certiorari granted; Local Court costs order quashed; matter remitted for decision according to law.

Orders

  • ['An order in the nature of certiorari quashing the order of the Second Defendant of 8 January 2001.' 'The matter is remitted to the Second Defendant to be determined in accordance with the law.']