DIRECTOR OF PUBLIC PROSECUTIONS v YALDA [1998] NSWCA 277

DIRECTOR OF PUBLIC PROSECUTIONS v YALDA [1998] NSWCA 277

The District Court does not have appellate jurisdiction under s 122 of the Justices Act 1902 to hear an appeal from a Magistrate's refusal to award costs, as such refusal does not constitute an 'order' that 'otherwise punished' the party.

Parties
Applicant: Director of Public Prosecutions; First Opponent: Yalda; Second Opponent: Second opponent
Jurisdiction
Australia
Judgment Date
04 September 1998
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Claimant entitled to relief sought; application successful
Legal Topics
Costs, Appellate Jurisdiction
Criminal Law Procedure Costs Appellate Jurisdiction

Case Brief

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Parties

Director of Public Prosecutions

Applicant

Yalda

First Opponent

Second opponent

Second Opponent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the District Court had jurisdiction to entertain an appeal from a Magistrate's refusal to make a costs order under s 81(4) of the Justices Act 1902
  2. 2 Whether the refusal to award costs constituted an 'order' within s 122 of the Justices Act 1902
  3. 3 Whether the Suitors' Fund Act applies to an application for prerogative relief

Ratio Decidendi

The District Court does not have appellate jurisdiction under s 122 of the Justices Act 1902 to hear an appeal from a Magistrate's refusal to award costs, as such refusal does not constitute an 'order' that 'otherwise punished' the party.

Court Disposition

Claimant entitled to relief sought; application successful

Orders

  • Orders in accordance with paragraphs 1, 3, 4, and 5 of the summons
  • Order that opponent have a certificate under the Suitors' Fund Act