Director of Public Prosecutions (Cth) v Elisabeth Sexton [2008] NSWSC 352

Director of Public Prosecutions (Cth) v Elisabeth Sexton [2008] NSWSC 352

The provisions of Part 5 of the Criminal Procedure Act 1986 including s 257D do not apply to contempt proceedings in the Supreme Court, which are governed by the Supreme Court Act and Rules; accordingly, the general rule that costs follow the event applies and the claimant is to pay the respondents' costs.

Parties
Claimant: Director of Public Prosecutions (Cth); Respondent: Elisabeth Sexton; Respondent: John Fairfax Publications Pty Ltd
Jurisdiction
Australia
Judgment Date
22 April 2008
Procedural Posture
Contempt of Court / Costs Determination Following Dismissal of Contempt Proceedings
Outcome
Claimant to pay the respondents' costs.
Legal Topics
Contempt of Court, Costs in Criminal Proceedings, Court Jurisdiction
Criminal Law Procedure Costs Contempt of Court Costs in Criminal Proceedings Court Jurisdiction

Case Brief

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Parties

Director of Public Prosecutions (Cth)

Claimant

Elisabeth Sexton

Respondent

John Fairfax Publications Pty Ltd

Respondent

Procedural Posture

Contempt of Court / Costs Determination Following Dismissal of Contempt Proceedings

Legal Issues

  1. 1 Whether the Criminal Procedure Act 1986 (NSW) applies to costs orders in contempt proceedings in the Supreme Court
  2. 2 Whether respondents are entitled to costs following a dismissal where the claimant acts in a public capacity
  3. 3 Whether the Court has power to review a prior costs order

Ratio Decidendi

The provisions of Part 5 of the Criminal Procedure Act 1986 including s 257D do not apply to contempt proceedings in the Supreme Court, which are governed by the Supreme Court Act and Rules; accordingly, the general rule that costs follow the event applies and the claimant is to pay the respondents' costs.

Court Disposition

Claimant to pay the respondents' costs.

Orders

  • The claimant is to pay the respondents' costs.