Garde v Dowd [2011] NSWCA 115

Garde v Dowd [2011] NSWCA 115

A Local Court can order costs 'as agreed or assessed' in apprehended violence proceedings under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), and it need not specify the amount, due to the intended interaction with costs assessment provisions in the Legal Profession Act 2004 (NSW), as amended. The applicant's challenge to the unspecified costs order fails.

Parties
Applicant: Paul James Garde; First Respondent: Mark Dowd; Second Respondent: District Court of NSW; Third Respondent: Local Court of NSW; Fourth Respondent: Terence M Ower; Amicus Curiae: Attorney-General (NSW)
Jurisdiction
Australia
Judgment Date
11 May 2011
Procedural Posture
Judicial Review Application / Court of Appeal Decision
Outcome
Application dismissed
Legal Topics
Apprehended Violence Orders, Costs Orders, Statutory Interpretation
Criminal Law Civil Procedure Apprehended Violence Orders Costs Orders Statutory Interpretation

Case Brief

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Parties

Paul James Garde

Applicant

Mark Dowd

First Respondent

District Court of NSW

Second Respondent

Local Court of NSW

Third Respondent

Terence M Ower

Fourth Respondent

Attorney-General (NSW)

Amicus Curiae

Procedural Posture

Judicial Review Application / Court of Appeal Decision

Legal Issues

  1. 1 Whether the Local Court had power to order payment of costs as 'agreed or assessed' without specifying the amount under the relevant statutory scheme.
  2. 2 How to reconcile potentially conflicting provisions between the Crimes (Domestic and Personal Violence) Act 2007 (NSW), the Criminal Procedure Act 1986 (NSW), and the Legal Profession Act 2004 (NSW) regarding costs orders.

Ratio Decidendi

A Local Court can order costs 'as agreed or assessed' in apprehended violence proceedings under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), and it need not specify the amount, due to the intended interaction with costs assessment provisions in the Legal Profession Act 2004 (NSW), as amended. The applicant's challenge to the unspecified costs order fails.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Applicant to pay the First Respondent's costs in this Court