EFG v Secretary, Department of Communities and Justice [2025] NSWSC 164

The Secretary acted within statutory discretion under s 4 of the Costs Act in applying Attorney General's rates for costs assessment; no legal unreasonableness or error was shown in the determination, and the amended summons is dismissed.

Parties: Plaintiff: EFG; First Defendant: Secretary, Department of Communities and Justice; Second Defendant: State of New South Wales
Jurisdiction: Australia
Judgment Date: 10 March 2025
Procedural Posture: Judicial Review / Principal Judgment
Outcome: Application dismissed
Legal Topics: Judicial Review, Jurisdictional Error, Legal Unreasonableness, Costs in Criminal Cases Act Assessments

Administrative Law Judicial Review Jurisdictional Error Legal Unreasonableness Costs in Criminal Cases Act Assessments

Case Brief

Summary, issues, holding and outcome

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Parties

EFG

Plaintiff

Secretary, Department of Communities and Justice

First Defendant

State of New South Wales

Second Defendant

Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

1 Did the Secretary act unlawfully or unreasonably in determining the amount payable under a Costs in Criminal Cases Act certificate by applying Attorney General's rates?
2 Whether the Secretary was bound to award 'costs reasonably incurred' or had discretion under s 4 of the Costs in Criminal Cases Act 1967 (NSW)

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Grant the plaintiff an extension of time to 25 October 2024 to file the summons commencing this proceeding.
Dismiss the amended summons.