ASIC v Farley & Anor [2001] NSWSC 549

ASIC v Farley & Anor [2001] NSWSC 549

Section 76 of the Supreme Court Act 1970 confers discretion for the Court to award costs which ordinarily follow the event in prerogative relief proceedings; there is no principle precluding costs orders in favour of the Crown, and none of the reasons advanced by the first defendant justify departing from the usual order.

Parties
Plaintiff: Australian Securities and Investments Commission; First Defendant: Gerard Andrew Farley; Second Defendant: Lilian Horler LCM
Jurisdiction
Australia
Judgment Date
29 June 2001
Procedural Posture
Proceedings for Prerogative Relief / Costs Determination Following Judgment
Outcome
Costs awarded in favour of the plaintiff (ASIC).
Legal Topics
Costs, Prerogative Relief, Crown Costs
Civil Procedure Costs Prerogative Relief Crown Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Australian Securities and Investments Commission

Plaintiff

Gerard Andrew Farley

First Defendant

Lilian Horler LCM

Second Defendant

Procedural Posture

Proceedings for Prerogative Relief / Costs Determination Following Judgment

Legal Issues

  1. 1 Whether to award costs in favour of the Crown in a claim for prerogative relief arising from criminal proceedings

Ratio Decidendi

Section 76 of the Supreme Court Act 1970 confers discretion for the Court to award costs which ordinarily follow the event in prerogative relief proceedings; there is no principle precluding costs orders in favour of the Crown, and none of the reasons advanced by the first defendant justify departing from the usual order.

Court Disposition

Costs awarded in favour of the plaintiff (ASIC).

Orders

  • Mr Farley is ordered to pay ASIC's costs of the proceedings in this Court.