Liverpool City Council v Hodge and Anor. [2006] NSWLEC 21

Liverpool City Council v Hodge and Anor. [2006] NSWLEC 21

The Land and Environment Court does not have power to order that costs in criminal proceedings be assessed on an indemnity basis under the current statutory regime. The minor textual changes in the relevant provisions do not warrant a construction extending such power, and the statutory scheme is exclusive, permitting only assessment on the party/party (‘fair and reasonable’) basis.

Jurisdiction
Australia
Judgment Date
20 January 2006
Procedural Posture
Criminal Proceedings / Post Dismissal Costs Determination
Outcome
Application for indemnity costs refused; costs order stood as originally made without provision for indemnity assessment.
Legal Topics
["court's Power to Order Indemnity Costs in Criminal Proceedings" 'statutory Interpretation of Criminal Procedure Act S 253']
['criminal Law' 'costs'] ["court's Power to Order Indemnity Costs in Criminal Proceedings" 'statutory Interpretation of Criminal Procedure Act S 253']

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Procedural Posture

Criminal Proceedings / Post Dismissal Costs Determination

Legal Issues

  1. 1 ['Whether the Land and Environment Court has the power to order costs to be assessed on the indemnity basis in criminal proceedings']

Ratio Decidendi

The Land and Environment Court does not have power to order that costs in criminal proceedings be assessed on an indemnity basis under the current statutory regime. The minor textual changes in the relevant provisions do not warrant a construction extending such power, and the statutory scheme is exclusive, permitting only assessment on the party/party (‘fair and reasonable’) basis.

Court Disposition

Application for indemnity costs refused; costs order stood as originally made without provision for indemnity assessment.

Orders

  • ['Order 3 made on 1 April 2005 in each proceeding is vacated.']