R v Sparos (No 2) [2017] NSWSC 1462

R v Sparos (No 2) [2017] NSWSC 1462

Reasonable costs thrown away are determined by allowing preparation time and cancellation fees for counsel who will not be retained for the new trial, as well as reasonable solicitor's fees, but not including costs for preparation which can still be utilised or costs for the stay application. The assessed quantum is $150,950 for this specific case.

Jurisdiction
Australia
Judgment Date
27 October 2017
Procedural Posture
Criminal / Post Stay Application, Determination of Costs Thrown Away Due to Vacated Trial Date
Outcome
Order that proceedings against Luke Sparos be stayed unless and until the Director of Public Prosecutions (NSW) pays the accused $150,950; proceedings listed for mention; parties have liberty to apply.
Legal Topics
['costs Thrown Away' 'trial Adjournment' 'stay Pending Payment of Costs']
['criminal Law'] ['costs Thrown Away' 'trial Adjournment' 'stay Pending Payment of Costs']

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Procedural Posture

Criminal / Post Stay Application, Determination of Costs Thrown Away Due to Vacated Trial Date

Legal Issues

  1. 1 ['What is the reasonable quantum of legal costs thrown away by the trial date being vacated?' "Which components of costs can be categorised as 'thrown away' in these circumstances?" 'Are cancellation fees and preparation time legitimate elements of costs thrown away?']

Ratio Decidendi

Reasonable costs thrown away are determined by allowing preparation time and cancellation fees for counsel who will not be retained for the new trial, as well as reasonable solicitor's fees, but not including costs for preparation which can still be utilised or costs for the stay application. The assessed quantum is $150,950 for this specific case.

Court Disposition

Order that proceedings against Luke Sparos be stayed unless and until the Director of Public Prosecutions (NSW) pays the accused $150,950; proceedings listed for mention; parties have liberty to apply.

Orders

  • ['Order that, subject to Order 2, the proceedings against Luke Sparos be stayed unless and until the Director of Public Prosecutions (NSW) pays to him or at his direction the sum of $150,950.' 'The proceedings be listed for mention before N Adams J on 3 November 2017 at 9:30am.' "The parties have liberty to apply on...