Kelly v Apps [2000] FCA 687

Kelly v Apps [2000] FCA 687

The Supreme Court of the Australian Capital Territory had jurisdiction, under s 20(1)(a) of the Supreme Court Act 1933 (ACT) (and not limited by the Magistrates Court Act 1930 (ACT)), to review the Magistrate's costs order. The case should be remitted to the Supreme Court to reconsider the costs order, with all relevant material to be considered.

Jurisdiction
Australia
Judgment Date
19 May 2000
Procedural Posture
Appeal / Judgment After Appellate Hearing
Outcome
Appeal allowed
Legal Topics
['appellate Jurisdiction' 'costs Orders' 'jurisdiction of Supreme Court']
['criminal Law' 'costs'] ['appellate Jurisdiction' 'costs Orders' 'jurisdiction of Supreme Court']

Case Brief

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Procedural Posture

Appeal / Judgment After Appellate Hearing

Legal Issues

  1. 1 ['Whether the Supreme Court of the Australian Capital Territory had jurisdiction to review a costs order made by a Magistrate following the dismissal of criminal offences' 'Whether s 219B of the Magistrates Court Act 1930 (ACT) or s 20 of the Supreme Court Act 1933 (ACT) provides jurisdiction to review a costs order' 'Whether proper regard was had to evidence relevant to the costs order']

Ratio Decidendi

The Supreme Court of the Australian Capital Territory had jurisdiction, under s 20(1)(a) of the Supreme Court Act 1933 (ACT) (and not limited by the Magistrates Court Act 1930 (ACT)), to review the Magistrate's costs order. The case should be remitted to the Supreme Court to reconsider the costs order, with all relevant material to be considered.

Court Disposition

Appeal allowed

Orders

  • ['The appeal be allowed' 'The orders of the Supreme Court made on 22 December 1999 be set aside' 'The proceedings be remitted to the Supreme Court of the Australian Capital Territory for further hearing in accordance with the reasons given' "The appellant to pay the respondent's costs of this appeal"]