Healey, B.J. v. Williams, J.S. & Anor [1985] FCA 573

Healey, B.J. v. Williams, J.S. & Anor [1985] FCA 573

The magistrate retained power under s.41A of the Justices Act 1902 to make an order for costs after the discharge of the defendant and subsequent death; the exercise of discretion was conducted in accordance with legal principles set forth in Barton v Berman and was not shown to be erroneous.

Parties
Applicant: Brian John Healey; First Respondent: Jonathon Stewart Williams; Second Respondent: Kenneth Bruce Henderson
Jurisdiction
Australia
Judgment Date
15 November 1985
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed with costs.
Legal Topics
Judicial Review, Costs in Committal Proceedings, Power Under S.41 a of Justices Act 1902 After Death of Defendant
Administrative Law Judicial Review Costs in Committal Proceedings Power Under S.41 a of Justices Act 1902 After Death of Defendant

Case Brief

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Parties

Brian John Healey

Applicant

Jonathon Stewart Williams

First Respondent

Kenneth Bruce Henderson

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether s.41A of the Justices Act 1902 empowers a magistrate to order costs after the defendant's death
  2. 2 Whether the magistrate exercised discretion under s.41A improperly

Ratio Decidendi

The magistrate retained power under s.41A of the Justices Act 1902 to make an order for costs after the discharge of the defendant and subsequent death; the exercise of discretion was conducted in accordance with legal principles set forth in Barton v Berman and was not shown to be erroneous.

Court Disposition

Application dismissed with costs.

Orders

  • The application be dismissed.
  • The applicant, Brian John Healey, pay to the respondent, Kenneth Bruce Henderson, his costs of the application.