Mosman Municipal Council v Spice (No 3) [2015] NSWLEC 189

Mosman Municipal Council v Spice (No 3) [2015] NSWLEC 189

After balancing the circumstances submitted by both parties, it would not be just to order the respondents to pay the appellant's costs as none of the considerations taken individually or in combination justified such an order under s 49(4).

Jurisdiction
Australia
Judgment Date
03 December 2015
Procedural Posture
Appeal / Notice of Motion for Costs Following Appeal Determination
Outcome
Appellant's notice of motion for costs dismissed.
Legal Topics
['costs in Class 6 Appeals' 'vicarious Liability for Environmental Offences' 'remitter After Successful Appeal']
['criminal Law' 'environmental Law'] ['costs in Class 6 Appeals' 'vicarious Liability for Environmental Offences' 'remitter After Successful Appeal']

Case Brief

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Procedural Posture

Appeal / Notice of Motion for Costs Following Appeal Determination

Legal Issues

  1. 1 ['Whether it is just to award costs to a successful appellant prosecutor in Class 6 appeals' 'Application of costs powers under s 49(4) Crimes (Appeal and Review) Act 2001' 'Criteria for awarding costs following a successful appeal against dismissal of proceedings']

Ratio Decidendi

After balancing the circumstances submitted by both parties, it would not be just to order the respondents to pay the appellant's costs as none of the considerations taken individually or in combination justified such an order under s 49(4).

Court Disposition

Appellant's notice of motion for costs dismissed.

Orders

  • ["Appellant's notice of motion for costs filed on 26 August 2015 in each proceeding is dismissed."]