NSW Police v JG (No 2) [2013] NSWLC 32

NSW Police v JG (No 2) [2013] NSWLC 32

Section 69 of the Local Court Act 2007 empowers the Local Court to award costs in application proceedings, including preliminary and incidental hearings to determine whether the Court has jurisdiction to consider a purported application. Although the forensic procedure application was invalid and a nullity, the respondent successfully raised that issue, and the compensatory purpose of costs justified an order that the applicant pay the respondent's assessed costs; indemnity costs were not appropriate in light of the accepted evidence about the registry's role in the defective filing.

Jurisdiction
Australia
Judgment Date
17 December 2013
Procedural Posture
Application Proceedings for a Forensic Procedure Order Under the Crimes (forensic Procedures) Act 2000; Costs Application / After the Application Was Held Invalid and a Nullity and Marked "no Jurisdiction"
Outcome
The applicant was ordered to pay the respondent's costs as assessed, not on an indemnity basis.
Legal Topics
['power to Award Costs in Application Proceedings' 'invalid Application for Forensic Procedure Order' 'jurisdiction to Determine Jurisdiction' 'costs Following the Event' 'indemnity Costs']
['costs' 'criminal Procedure' 'local Court Jurisdiction'] ['power to Award Costs in Application Proceedings' 'invalid Application for Forensic Procedure Order' 'jurisdiction to Determine Jurisdiction' 'costs Following the Event' 'indemnity Costs']

Case Brief

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Procedural Posture

Application Proceedings for a Forensic Procedure Order Under the Crimes (forensic Procedures) Act 2000; Costs Application / After the Application Was Held Invalid and a Nullity and Marked "no Jurisdiction"

Legal Issues

  1. 1 ["Whether the Local Court had power under s 69 of the Local Court Act 2007 to award costs after determining that the applicant's application was invalid and a nullity." 'Whether costs should be awarded to the respondent and, if so, whether on an indemnity basis.']

Ratio Decidendi

Section 69 of the Local Court Act 2007 empowers the Local Court to award costs in application proceedings, including preliminary and incidental hearings to determine whether the Court has jurisdiction to consider a purported application. Although the forensic procedure application was invalid and a nullity, the respondent successfully raised that issue, and the compensatory purpose of costs justified an order that the applicant pay the respondent's assessed costs; indemnity costs were not appropriate in light of the accepted evidence about the registry's role in the defective filing.

Court Disposition

The applicant was ordered to pay the respondent's costs as assessed, not on an indemnity basis.

Orders

  • ["The applicant pay the respondent's costs of the proceedings." 'Those costs are to be assessed on the basis set out in Division 11 of Part 3.2 of the Legal Profession Act 2004.']