Inspector Yeung v Donald Edwin Wilson t/as Wilson's Tree Service (No 3) [2005] NSWIRComm 469

Inspector Yeung v Donald Edwin Wilson t/as Wilson's Tree Service (No 3) [2005] NSWIRComm 469

Because the increased fine of $9,750 already resulted in an increase beyond the practical effect of the first instance orders, which was $4,625.80, the appropriate costs order was to set aside Boland J's costs orders and require each party to bear its own costs before Boland J and on appeal.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 December 2005
Procedural Posture
Appeal in Occupational Health and Safety Prosecution Concerning Costs / Costs Determination Following Full Bench Appeal Judgment
Outcome
Costs orders made by Boland J set aside; each party to bear its own costs of the proceedings before Boland J and on appeal.
Legal Topics
['appeal Costs' 'prosecution Costs' 'sentencing Appeal' 'manifestly Inadequate Penalty' 'costs Discretion']
['occupational Health and Safety' 'industrial Law' 'costs'] ['appeal Costs' 'prosecution Costs' 'sentencing Appeal' 'manifestly Inadequate Penalty' 'costs Discretion']

Source-derived case record

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Procedural Posture

Appeal in Occupational Health and Safety Prosecution Concerning Costs / Costs Determination Following Full Bench Appeal Judgment

Legal Issues

  1. 1 ["Whether the costs orders made at first instance should be revised in light of the Full Bench's increased penalty on appeal." "Whether the parties should bear their own costs of the proceedings before Boland J and on appeal, or whether the respondent should pay the appellant's costs."]

Ratio Decidendi

Because the increased fine of $9,750 already resulted in an increase beyond the practical effect of the first instance orders, which was $4,625.80, the appropriate costs order was to set aside Boland J's costs orders and require each party to bear its own costs before Boland J and on appeal.

Court Disposition

Costs orders made by Boland J set aside; each party to bear its own costs of the proceedings before Boland J and on appeal.

Orders

  • ['The costs orders made by Boland J on 15 November 2004 are set aside.' 'The parties are to bear their own costs of the proceedings before Boland J and on appeal.']