Warringah Council v Koch and Severino [2006] NSWLEC 608

Warringah Council v Koch and Severino [2006] NSWLEC 608

Because the proceedings were instituted before the commencement of the 2006 amendment, s 257D did not apply; under s 253 and the ordinary principle that costs follow the event, and with no opposition or disentitling conduct identified, the successful defendants were entitled to their costs.

Jurisdiction
Australia
Judgment Date
06 September 2006
Procedural Posture
Class 5 Proceedings / Application for Costs by Successful Defendants
Outcome
Costs ordered in favour of the successful defendants.
Legal Topics
['costs in Favour of Successful Defendants' 'limit on Award of Professional Costs Against a Prosecutor Acting in a Public Capacity' 'application of Amendments to Proceedings Instituted Before Commencement']
['costs' 'criminal Procedure' 'land and Environment Court Proceedings'] ['costs in Favour of Successful Defendants' 'limit on Award of Professional Costs Against a Prosecutor Acting in a Public Capacity' 'application of Amendments to Proceedings Instituted Before Commencement']

Case Brief

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Procedural Posture

Class 5 Proceedings / Application for Costs by Successful Defendants

Legal Issues

  1. 1 ['Whether the successful defendants should receive costs after the charges were dismissed.' 'Whether s 257D of the Courts Legislation Amendment Act 2006 applied to restrict an award of professional costs in these proceedings.']

Ratio Decidendi

Because the proceedings were instituted before the commencement of the 2006 amendment, s 257D did not apply; under s 253 and the ordinary principle that costs follow the event, and with no opposition or disentitling conduct identified, the successful defendants were entitled to their costs.

Court Disposition

Costs ordered in favour of the successful defendants.

Orders

  • ["In each matter, the prosecutor is to pay the defendant's costs as agreed or assessed."]