Coles Supermarkets Australia v Antony Townsden [2009] NSWSC 1117

The Magistrate did not err in refusing to order costs as there was no evidence satisfying s 214(a)-(d) of the Criminal Procedure Act 1986 and there was no error of law or failure to consider relevant matters. The application for judicial review and statutory appeal fails.

Jurisdiction: Australia
Judgment Date: 23 October 2009
Procedural Posture: Judicial Review; Appeal / Judgment on Appeal From Local Court Decision Regarding Costs
Outcome: Amended summons dismissed; costs ordered against plaintiff
Legal Topics: ['judicial Review' 'costs Orders' 'local Court Proceedings' 'prerogative Relief']

['administrative Law' 'criminal Law'] ['judicial Review' 'costs Orders' 'local Court Proceedings' 'prerogative Relief']

Case Brief

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Procedural Posture

Judicial Review; Appeal / Judgment on Appeal From Local Court Decision Regarding Costs

Legal Issues

1 ['Whether the Local Court erred in refusing order for costs to the plaintiff' 'Whether the costs refusal was an interlocutory order appealable under s 53(3) Crimes (Appeal and Review) Act 2001' 'Whether the grounds in s 214(1) Criminal Procedure Act 1986 for costs were established' 'Whether there was error of law on the face of the record or jurisdictional error']

Ratio Decidendi

Court Disposition

Amended summons dismissed; costs ordered against plaintiff

Orders

['The amended summons filed 20 April 2009 is dismissed.' "The plaintiff is to pay the second defendant's costs as agreed or assessed."]