Queanbeyan City Council v Kovacevic (No 2) [2015] NSWLEC 196

Queanbeyan City Council v Kovacevic (No 2) [2015] NSWLEC 196

The respondent's request for a stated case had no basis in law because s 5BA(2) was unavailable to her as she was not the appellant in the appeal, and s 5BA(1) was unavailable because no request was made before the appeal was determined. The Court had power to order costs, and because the application was doomed to fail and without proper legal foundation, the respondent was ordered to pay the Council's costs on an indemnity basis.

Jurisdiction
Australia
Judgment Date
10 December 2015
Procedural Posture
Class 6 Costs Application Concerning a Withdrawn Application for a Stated Case / Notice of Motion Seeking Costs of the Withdrawn Application for a Stated Case
Outcome
The Council's motion for costs was granted, with costs ordered on an indemnity basis.
Legal Topics
['application for a Stated Case' 's 5 BA Criminal Appeal Act 1912 (nsw)' 'withdrawn Application' 'indemnity Costs']
['costs' 'criminal Procedure' 'appeals'] ['application for a Stated Case' 's 5 BA Criminal Appeal Act 1912 (nsw)' 'withdrawn Application' 'indemnity Costs']

Case Brief

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Procedural Posture

Class 6 Costs Application Concerning a Withdrawn Application for a Stated Case / Notice of Motion Seeking Costs of the Withdrawn Application for a Stated Case

Legal Issues

  1. 1 ["Whether the respondent's withdrawn application for a stated case had any proper legal foundation under s 5BA of the Criminal Appeal Act 1912 (NSW)." 'Whether the Court had power to order costs of the withdrawn application for a stated case.' 'Whether the costs should be ordered on an indemnity basis.']

Ratio Decidendi

The respondent's request for a stated case had no basis in law because s 5BA(2) was unavailable to her as she was not the appellant in the appeal, and s 5BA(1) was unavailable because no request was made before the appeal was determined. The Court had power to order costs, and because the application was doomed to fail and without proper legal foundation, the respondent was ordered to pay the Council's costs on an indemnity basis.

Court Disposition

The Council's motion for costs was granted, with costs ordered on an indemnity basis.

Orders

  • ['Order that the Respondent, Mary Lucy Kovacevic, pay the costs of the Council in relation to her application for a stated case, such costs to be paid on an indemnity basis.']