Holroyd City Council v El-Khouri (No 2) [2008] NSWLEC 91

Holroyd City Council v El-Khouri (No 2) [2008] NSWLEC 91

It would be inequitable to burden the defendant with the full costs claimed given the overlap in proceedings, the relatively straightforward nature of charges and evidence, and the late disclosure of mitigating information by the defendant. Costs are fixed at $35,000, representing a reasonable proportion (about 60%) of the prosecutor's claimed costs.

Jurisdiction
Australia
Judgment Date
27 February 2008
Procedural Posture
Criminal Prosecution / Post Sentencing (costs Determination)
Outcome
costs order made in favour of prosecutor
Legal Topics
['costs' 'sentencing' 'compensation']
['criminal Law' 'environmental Law'] ['costs' 'sentencing' 'compensation']

Case Brief

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Procedural Posture

Criminal Prosecution / Post Sentencing (costs Determination)

Legal Issues

  1. 1 ["Whether prosecutor's claimed costs are reasonable" 'Extent of costs burden appropriate for defendant when charges dismissed under s 10']

Ratio Decidendi

It would be inequitable to burden the defendant with the full costs claimed given the overlap in proceedings, the relatively straightforward nature of charges and evidence, and the late disclosure of mitigating information by the defendant. Costs are fixed at $35,000, representing a reasonable proportion (about 60%) of the prosecutor's claimed costs.

Court Disposition

costs order made in favour of prosecutor

Orders

  • ['The defendant is ordered to pay to the Registrar of the Court, for payment to the prosecutor, costs fixed in the amount of $35,000.' 'The exhibits are returned.']