Director-General, NSW Department Of Industry & Investment v Bennett [2013] NSWLEC 24

Director-General, NSW Department Of Industry & Investment v Bennett [2013] NSWLEC 24

The Court refused the application because, even assuming it had power to award costs despite Criminal Procedure Act 1986 s 257D, it would decline to do so in its discretion. Mr Bennett could not reasonably be characterised as the successful party because he failed on most of the costs applications, matter 09/50067 had to be viewed in the context of the overall offences the subject of the costs application, and he was not successful in the substantive costs claim in those proceedings.

Jurisdiction
Australia
Judgment Date
25 February 2013
Procedural Posture
Class 5 Costs Application in Criminal Proceedings / Application by the Defendant for One Quarter or a Proportionate Order for Costs Incurred in the Costs Motion for Proceedings 09/50064 50067
Outcome
Application seeking partial costs of costs hearing is refused
Legal Topics
['partial Costs of Costs Hearing' 'costs Under Criminal Procedure Act 1986 S 257 D' 'certificate Under Costs in Criminal Cases Act 1967' 'exercise of Costs Discretion' 'fisheries Management Act 1994 Charges' 'environmental Planning and Assessment Act 1979 Charge']
['costs' 'criminal Procedure' 'environmental Law'] ['partial Costs of Costs Hearing' 'costs Under Criminal Procedure Act 1986 S 257 D' 'certificate Under Costs in Criminal Cases Act 1967' 'exercise of Costs Discretion' 'fisheries Management Act 1994 Charges' 'environmental Planning and Assessment Act 1979 Charge']

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Procedural Posture

Class 5 Costs Application in Criminal Proceedings / Application by the Defendant for One Quarter or a Proportionate Order for Costs Incurred in the Costs Motion for Proceedings 09/50064 50067

Legal Issues

  1. 1 ['Whether Criminal Procedure Act 1986 s 257D precluded an award of costs for the costs hearing.' 'Whether, assuming power to award costs existed, the Court should exercise its discretion to award the Defendant one quarter or a proportionate amount of the costs of the costs motion because a certificate had been issued under the Costs in Criminal Cases Act 1967 for one charge.']

Ratio Decidendi

The Court refused the application because, even assuming it had power to award costs despite Criminal Procedure Act 1986 s 257D, it would decline to do so in its discretion. Mr Bennett could not reasonably be characterised as the successful party because he failed on most of the costs applications, matter 09/50067 had to be viewed in the context of the overall offences the subject of the costs application, and he was not successful in the substantive costs claim in those proceedings.

Court Disposition

Application seeking partial costs of costs hearing is refused

Orders

  • ["Mr Bennett's application seeking partial costs of the costs hearing is refused."]