CAMPBELL v RICHARDSON & ANOR [2008] NSWSC 348

CAMPBELL v RICHARDSON & ANOR [2008] NSWSC 348

It is just, in all circumstances, for the plaintiff to pay the second defendant's costs of the application, given the lack of question of law raised, failure on all grounds, conduct in procedural compliance, and statutory discretion under s.54(3) of the Crimes (Appeal and Review) Act 2001.

Jurisdiction
Australia
Judgment Date
21 April 2008
Procedural Posture
Application for Costs / Post Dismissal of Application for Leave to Appeal
Outcome
Plaintiff to pay the second defendant's costs
Legal Topics
['costs in Criminal Proceedings' 'application for Leave to Appeal' 'discretionary Costs Orders']
['criminal Law' 'civil Procedure'] ['costs in Criminal Proceedings' 'application for Leave to Appeal' 'discretionary Costs Orders']

Case Brief

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Procedural Posture

Application for Costs / Post Dismissal of Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether the Court should order the plaintiff to pay the second defendant's costs after dismissal of application for leave to appeal under the Crimes (Appeal and Review) Act 2001"]

Ratio Decidendi

It is just, in all circumstances, for the plaintiff to pay the second defendant's costs of the application, given the lack of question of law raised, failure on all grounds, conduct in procedural compliance, and statutory discretion under s.54(3) of the Crimes (Appeal and Review) Act 2001.

Court Disposition

Plaintiff to pay the second defendant's costs

Orders

  • ["Plaintiff to pay the second defendant's costs of the application on a party/party basis pursuant to s.54(3) of the Crimes (Appeal and Review) Act 2001"]