Morrison v Defence Maritime Services Pty Ltd, Coates and Mahon [2007] NSWLEC 552

Morrison v Defence Maritime Services Pty Ltd, Coates and Mahon [2007] NSWLEC 552

Justice requires an apportionment of the prosecutor's costs attributable to the continuous discharge issue, which was a large, strongly contested and discrete issue. The defendants are to pay 50 percent of the prosecutor's costs, with costs attributable to the reports of Dr Lincoln-Smith and Dr King (which were based on the unsuccessful issue) excluded.

Jurisdiction
Australia
Judgment Date
11 September 2007
Procedural Posture
Class 5 Criminal Proceedings / Application for Costs Following Conviction and Sentencing
Outcome
Defendants ordered to pay 50 percent of the prosecutor’s costs, excluding costs attributable to the reports of Dr Lincoln-Smith and Dr King.
Legal Topics
['costs in Criminal Proceedings' 'apportionment of Costs' 'oil Pollution' 'sentencing' 'calderbank Offers' 'plea of Guilty']
['criminal Law' 'environmental Law' 'costs'] ['costs in Criminal Proceedings' 'apportionment of Costs' 'oil Pollution' 'sentencing' 'calderbank Offers' 'plea of Guilty']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Class 5 Criminal Proceedings / Application for Costs Following Conviction and Sentencing

Legal Issues

  1. 1 ['Whether reasonable for the prosecutor to bear the expense of litigating an issue upon which he failed' 'Whether the prosecutor acted unreasonably in relation to the issue upon which he failed such that he should bear the expense' 'Whether Calderbank principles apply in criminal proceedings']

Ratio Decidendi

Justice requires an apportionment of the prosecutor's costs attributable to the continuous discharge issue, which was a large, strongly contested and discrete issue. The defendants are to pay 50 percent of the prosecutor's costs, with costs attributable to the reports of Dr Lincoln-Smith and Dr King (which were based on the unsuccessful issue) excluded.

Court Disposition

Defendants ordered to pay 50 percent of the prosecutor’s costs, excluding costs attributable to the reports of Dr Lincoln-Smith and Dr King.

Orders

  • ['In each matter, the defendant is to pay 50 percent of the prosecutor’s costs, other than costs attributable to the reports of Dr Lincoln-Smith and Dr King, as agreed or assessed.' 'Previous costs order against the prosecutor (for unsuccessful application during the hearing) to stand and is unaffected.']