Inspector Orr v Perilya Broken Hill Limited; Inspector Orr v Perilya Limited [2018] NSWDC 131

Inspector Orr v Perilya Broken Hill Limited; Inspector Orr v Perilya Limited [2018] NSWDC 131

Perilya Limited is entitled to its costs so far as the proceedings were devoted to the case against it (10%). The 'rule of thumb' does not apply, so only costs directly attributable to Perilya's defence are recoverable from the prosecutor. For Perilya Broken Hill Limited, prosecutor entitled to recover 80% of its costs, with 10% attributed to alternate methods issues, upon which neither side recovers costs, and no further apportionment as unsuccessful issues were not dominant or separable.

Jurisdiction
Australia
Judgment Date
13 April 2018
Procedural Posture
Criminal / Costs Ruling Post Verdict
Outcome
Costs orders made apportioning liability according to findings on entitlement.
Legal Topics
['prosecution' 'work Health and Safety' 'costs']
['criminal Law'] ['prosecution' 'work Health and Safety' 'costs']

Case Brief

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Procedural Posture

Criminal / Costs Ruling Post Verdict

Legal Issues

  1. 1 ['Entitlement to costs where prosecution against one defendant succeeds and another fails' "Application of 'rule of thumb' in apportionment of costs between defendants" 'Extent to which specific factual and legal issues justify departure from usual costs order']

Ratio Decidendi

Perilya Limited is entitled to its costs so far as the proceedings were devoted to the case against it (10%). The 'rule of thumb' does not apply, so only costs directly attributable to Perilya's defence are recoverable from the prosecutor. For Perilya Broken Hill Limited, prosecutor entitled to recover 80% of its costs, with 10% attributed to alternate methods issues, upon which neither side recovers costs, and no further apportionment as unsuccessful issues were not dominant or separable.

Court Disposition

Costs orders made apportioning liability according to findings on entitlement.

Orders

  • ["The prosecutor is to pay 10% of Perilya Limited's costs of the proceedings as agreed or assessed in accordance with s 257G of the Criminal Procedure Act." "Perilya Broken Hill Limited is to pay 80% of the prosecutor's costs of the proceedings as agreed or assessed in accordance with s257G of the Criminal Procedure...