Sutherland Shire Council v Benedict Industries Pty Ltd (No 6) [2015] NSWLEC 106

Sutherland Shire Council v Benedict Industries Pty Ltd (No 6) [2015] NSWLEC 106

The Council's unreasonable conduct in failing to uncover deficiencies in a critical witness's evidence until shortly before trial, and the late filing and serving of new affidavits, caused additional costs to be incurred by Benedict as a direct result of the adjournment. These costs, though not quantified at the time, were inferable and encompassed work necessary solely by reason of the adjournment. Sections 257F(3) and 257G of the Criminal Procedure Act 1986 permit later assessment of the precise amount.

Parties
Prosecutor: Sutherland Shire Council; Defendant: Benedict Industries Pty Ltd
Jurisdiction
Australia
Judgment Date
29 June 2015
Procedural Posture
Criminal (class 5) – Prosecution in the Land and Environment Court / Interlocutory Application for Costs Following Adjournment
Outcome
Application for costs order granted in favour of the defendant (Benedict Industries Pty Ltd) against Sutherland Shire Council.
Legal Topics
Costs on Adjournment, Unreasonable Conduct, Additional Costs, Discretion in Awarding Costs
Criminal Procedure Costs Costs on Adjournment Unreasonable Conduct Additional Costs Discretion in Awarding Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Sutherland Shire Council

Prosecutor

Benedict Industries Pty Ltd

Defendant

Procedural Posture

Criminal (class 5) – Prosecution in the Land and Environment Court / Interlocutory Application for Costs Following Adjournment

Legal Issues

  1. 1 Whether the prosecutor should be ordered to pay the accused's costs consequent upon adjournment caused by late evidence
  2. 2 Whether the prosecutor's conduct was unreasonable for the purposes of s 257F of the Criminal Procedure Act 1986
  3. 3 Whether sufficient evidence of additional costs incurred by the accused

Ratio Decidendi

The Council's unreasonable conduct in failing to uncover deficiencies in a critical witness's evidence until shortly before trial, and the late filing and serving of new affidavits, caused additional costs to be incurred by Benedict as a direct result of the adjournment. These costs, though not quantified at the time, were inferable and encompassed work necessary solely by reason of the adjournment. Sections 257F(3) and 257G of the Criminal Procedure Act 1986 permit later assessment of the precise amount.

Court Disposition

Application for costs order granted in favour of the defendant (Benedict Industries Pty Ltd) against Sutherland Shire Council.

Orders

  • Pursuant to s 257F of the Criminal Procedure Act 1986, the Council is to pay the additional costs incurred by Benedict.
  • If no agreement can be reached as to the quantum, the additional costs are to be assessed in accordance with s 257G of the Act and payable at the end of proceedings.