Kable v DPP [1999] NSWSC 95

Kable v DPP [1999] NSWSC 95

The applicant failed to establish any entitlement to the relief sought because: he did not seek costs at the relevant earlier hearings despite being represented by senior counsel; no compelling explanation or justification was provided for the delay; and no sufficient public or private interest justified re-opening the proceedings after a lengthy passage of time.

Parties
Applicant: Gregory Wayne Kable; Respondent: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
19 February 1999
Procedural Posture
Notices of Motion / Decision on Applications to Re Open Proceedings and for Costs
Outcome
Notices of Motion dismissed with costs
Legal Topics
Re Opening Proceedings, Costs Orders, Exercise of Discretionary Powers
Civil Procedure Re Opening Proceedings Costs Orders Exercise of Discretionary Powers

Case Brief

Summary, issues, holding and outcome

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Parties

Gregory Wayne Kable

Applicant

Director of Public Prosecutions

Respondent

Procedural Posture

Notices of Motion / Decision on Applications to Re Open Proceedings and for Costs

Legal Issues

  1. 1 Whether the applicant is entitled to re-open proceedings to seek a costs order after a significant lapse of time
  2. 2 Whether the High Court’s decision invalidating the Community Protection Act 1994 confers a right to costs retrospectively
  3. 3 Whether the Court’s inherent or statutory discretionary powers should be exercised to grant leave to re-open or make costs orders in these circumstances

Ratio Decidendi

The applicant failed to establish any entitlement to the relief sought because: he did not seek costs at the relevant earlier hearings despite being represented by senior counsel; no compelling explanation or justification was provided for the delay; and no sufficient public or private interest justified re-opening the proceedings after a lengthy passage of time.

Court Disposition

Notices of Motion dismissed with costs

Orders

  • The Notice of Motion in 12469/95 is dismissed with no order as to costs.
  • The Notices of Motion in 11667/95 and 12775/95 are dismissed with costs.