R v Mikhaylova [2024] NSWDC 90

R v Mikhaylova [2024] NSWDC 90

The District Court lacks jurisdiction under current statutory provisions to hear and determine an appeal solely against the refusal of a costs application by the Local Court when the substantive charges have been dismissed.

Parties
Crown Respondent: Rex; Appellant: Natalia Mikhaylova
Jurisdiction
Australia
Judgment Date
22 March 2024
Procedural Posture
Criminal Appeal / Appeal on Costs Application After Dismissal of Substantive Charges
Outcome
Appeal dismissed for want of jurisdiction
Legal Topics
Appeals From Local Court, Costs Applications, Jurisdiction of District Court
Criminal Law Court Procedure Appeals From Local Court Costs Applications Jurisdiction of District Court

Case Brief

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Parties

Rex

Crown Respondent

Natalia Mikhaylova

Appellant

Procedural Posture

Criminal Appeal / Appeal on Costs Application After Dismissal of Substantive Charges

Legal Issues

  1. 1 Whether the District Court has jurisdiction to hear an appeal solely from a refusal to grant a costs order by the Local Court after dismissal of charges

Ratio Decidendi

The District Court lacks jurisdiction under current statutory provisions to hear and determine an appeal solely against the refusal of a costs application by the Local Court when the substantive charges have been dismissed.

Court Disposition

Appeal dismissed for want of jurisdiction

Orders

  • The appeal is dismissed for want of jurisdiction