Regina v Obeid [2018] NSWSC 1024

Regina v Obeid [2018] NSWSC 1024

The Supreme Court does not have power to order costs against the accused for setting aside a subpoena in criminal proceedings because neither statutory nor inherent authority exists. The Court does, however, have power to order payment for reasonable loss or expense incurred in complying with the subpoena, to the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 July 2018
Procedural Posture
Criminal / Interlocutory Application Regarding Subpoenas and Costs (pre Trial)
Outcome
Notice of motion seeking costs of setting aside subpoena dismissed; order for payment of compliance expenses granted; further subpoenas to KEPCO require leave;
Legal Topics
['subpoenas' 'costs Orders' 'compliance Expenses' 'inherent Powers' 'civil Vs Criminal Proceedings' 'abuse of Process']
['criminal Law' 'procedure'] ['subpoenas' 'costs Orders' 'compliance Expenses' 'inherent Powers' 'civil Vs Criminal Proceedings' 'abuse of Process']

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Procedural Posture

Criminal / Interlocutory Application Regarding Subpoenas and Costs (pre Trial)

Legal Issues

  1. 1 ['Does the Supreme Court have power to order the accused to pay costs for setting aside a subpoena in criminal proceedings?' 'What quantum of reasonable loss or expense may be ordered against the accused for subpoena compliance?']

Ratio Decidendi

The Supreme Court does not have power to order costs against the accused for setting aside a subpoena in criminal proceedings because neither statutory nor inherent authority exists. The Court does, however, have power to order payment for reasonable loss or expense incurred in complying with the subpoena, to the extent permitted by UCPR 33.11.

Court Disposition

Notice of motion seeking costs of setting aside subpoena dismissed; order for payment of compliance expenses granted; further subpoenas to KEPCO require leave;

Orders

  • ['The accused pay KEPCO Bylong Australia Pty Ltd the sum of $26,980.00 together with interest accruing daily on that amount at a rate of 7.5% per annum from 1 May 2018.' "The enforcement of order 1 be stayed until 28 days after the return of the jury's verdict, the entry of any plea of guilty or the cessation of the...